HOUSING CHOICE
VOUCHER PROGRAM
2014 ADMINISTRATIVE PLAN
Administered through the
Housing Authority of the City of Evansville
500 Court Street, Evansville, IN 47708
812-428-8500
EHA Executive Director: Rick Moore
Director of Leased Housing: Marques Terry
HCVP ADMINISTRATIVE PLAN - TABLE OF CONTENTS
CHAPTER 1: Statement of Policies .............................................................................................. 3
CHAPTER 2: Eligibility for Admission...................................................................................... 27
CHAPTER 3: Allocating EHA’s Vouchers; Types of Vouchers ................................................ 49
CHAPTER 4: Voucher Issuance Process .................................................................................... 53
CHAPTER 5: EHA Housing Choice Vouchers; Project-Based Program ................................... 72
CHAPTER 6: Subsidy Standards; Bedroom Size of Voucher .................................................... 83
CHAPTER 7: Total Tenant Payment and Family Share ............................................................. 87
CHAPTER 8: Verification Procedures ...................................................................................... 107
CHAPTER 9: Voucher Briefings; Voucher Terms ................................................................... 136
CHAPTER 10: Request for Tenancy Approval and Contract Execution .................................. 143
CHAPTER 11: Housing Quality Standards and Inspections..................................................... 153
CHAPTER 12: Owner Rents, Rent Reasonableness, and Payment Standards.......................... 192
CHAPTER 13: Recertifications ................................................................................................ 198
CHAPTER 14: Moves with Continued Assistance/Portability ................................................. 208
CHAPTER 15: Contract Terminations ...................................................................................... 221
CHAPTER 16: Termination of Assistance................................................................................ 226
CHAPTER 17: Disapproval of Owners, Limitations on Participation, & Changes in Ownership ....... 239
CHAPTER 18: Owner or Family Debts to EHA; Payment Agreements .................................. 242
CHAPTER 19: Complaints and Appeals .................................................................................. 246
CHAPTER 20: Special Housing Types ..................................................................................... 254
CHAPTER 21: Family Self-Sufficiency Programs (If Applicable) .......................................... 262
CHAPTER 22: Homeownership Option ................................................................................... 264
CHAPTER 23: Program Integrity Addendum .......................................................................... 289
GLOSSARY ............................................................................................................................... 310
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HOUSING CHOICE VOUCHER ADMINISTRATIVE PLAN
CHAPTER 1
STATEMENT OF POLICIES
The Housing Choice Voucher (Section 8) Program was enacted as part of the Housing
and Community Development Act of 1974 (the “Act”), which recodified the U.S.
Housing Act of 1937. The Act has been amended from time to time, and its requirements,
as they apply to the Section 8 Tenant-Based Assistance Program, are described in and
implemented throughout this Administrative Plan. The Housing Choice Voucher Program
is federally funded and administered for the City of Evansville by the Housing Authority
of the City of Evansville (“Evansville Housing Authority” or “EHA”) through its Central
Office located at 500 Court , Evansville, In 47708 and the Housing Choice Voucher
Program, Leased Housing Department located at 411 S.E. 8th Street, Evansville, In
47713.
The jurisdiction of EHA is the City of Evansville, Indiana.
A. EVANSVILLE HOUSING AUTHORITY MISSION, VALUES, AND GUIDING PRINCIPLES
Mission
Our mission is to enhance Evansville community by creating and sustaining decent, safe,
and affordable living environments that foster stability and increase self-sufficiency for
people with low incomes. Additionally, in accordance with this plan, EHA is required to
develop its own procedures relative to the following:
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Implementation of preferences/local preferences by the EHA.
Resolution of owner and tenant complaints that are not subject to informal review
or hearing process.
Tracking new admissions to ensure the EHA meets the income targeting
requirements established in QHWRA (1998)
Enforcement procedures for the tenant-caused HQS violations
Managing and responding to information of alleged drug and violent criminal
activity.
Reasonable accommodations
Tracking days when search time for an applicant is suspended due to the
submission of a RFTA.
Making decisions regarding the extension on the term of a voucher.
Internal quality control monitoring of all SEMAP indicators.
Making decisions relative to findings on an applicant’s criminal history report
Other concerns or events as may be required.
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Values
As stewards of the public trust, we pursue our mission and responsibilities in a spirit of
service, teamwork and respect. We embrace the values of excellence, collaboration,
innovation and appreciation.
Guiding Principles
A. Expand the availability of housing for low-income people;
B. Embrace the principles of excellent customer service in the administration of
EHA programs;
C. Ensure the long-term viability of EHA’s housing stock;
D. Maximize efficiency in delivering maintenance and management services;
E. Implement strategies that will reduce dependency on federal funding;
F. Be positioned to respond effectively and responsibly to change;
G. Contribute to building strong neighborhoods in Evansville;
H. Assist EHA families in achieving their personal goals;
I. Build, support, and respect an excellent EHA work force; and
J. Exercise fiscal soundness in the pursuit of EHA programs and activities.
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EHA’S COMMITMENT TO ETHICS AND SERVICE
As a public service agency, EHA is committed to providing excellent service to HCV
program participants – families and owners – in the community. EHA’s standards
include:
• Administer applicable federal and state laws and regulations to achieve high ratings in
compliance measurement indicators while maintaining efficiency in program operation
to ensure fair and consistent treatment of clients served.
• Provide decent, safe, and sanitary housing – in compliance with program housing
quality standards – for very low-income families while ensuring that family rents are
fair, reasonable, and affordable.
• Encourage self-sufficiency of participant families and assist in the expansion of
family opportunities that address educational, socio-economic, recreational and other
human service’s needs.
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• Promote fair housing and the opportunity for very low-income families of all
ethnic backgrounds to experience freedom of housing choice.
• Promote a housing program that maintains quality service and integrity while
providing an incentive to private property owners to rent to very low-income families.
• Promote a market-driven housing program that will help qualified low-income
families be successful in obtaining affordable housing and increase the supply of
housing choices for such families.
• Create positive public awareness and expand the level of family, owner, and community
support in accomplishing EHA’s mission.
• Attain and maintain a high level of standards and professionalism in day-to-day
management of all program components.
• Administer an efficient, high-performing agency through continuous improvement of
EHA’s support systems and commitment to our employees and their development.
EHA will make every effort to keep program participants informed of HCV program
rules and regulations, and to advise participants of how the program rules affect them.
FAIR HOUSING POLICY AND EQUAL OPPORUNITY HOUSING PLAN
[24 CFR 982.54(d) (6)]
It is the policy of the Evansville Housing Authority to comply fully with all federal, state,
and local non-discrimination laws and with the rules and regulations governing Fair
Housing and Equal Opportunity in housing and employment.
EHA shall not deny any family or individual the equal opportunity to apply for or receive
assistance under the Housing Choice Voucher Program on the basis of race, color, sex,
religion, creed, national or ethnic origin, age, familial or marital status, handicap or
disability, or sexual orientation. To further its commitment to full compliance with
applicable civil rights laws, EHA will provide information on federal, state, and local
regulations and ordinances to voucher holders regarding unlawful discrimination and any
recourse available to families who believe they are victims of a discriminatory act. The
information will include the names of government offices which take complaints and
perform investigations, including HUD’s Office of Civil Rights and the City of
Evansville’s Office for Civil Rights. Such information will be made available during the
family briefing session, and all applicable Fair Housing information and discrimination
complaint forms will be made a part of the voucher holder’s briefing packet and available
upon request at the front desk at Leased Housing Department.
All Leased Housing staff will receive training about the importance of affirmatively
furthering Fair Housing and providing equal opportunity to all families, including
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providing reasonable accommodations to persons with disabilities, as a part of the overall
commitment to quality customer service. Fair Housing posters are posted throughout the
Leased Housing Department, including in the lobby and interview rooms, and the equal
opportunity logo will be used on all outreach materials.
Whenever possible, Leased Housing staff will attend local Fair Housing update training
sponsored by HUD and other local organizations to keep current with new developments.
For families and/or individuals who report apparent discrimination in obtaining
assisted housing, the EHA shall assist them by providing the family/individual with
a HUD Housing Discrimination Complaint Form, HUD - 903. The individual can
complete this form and report apparent discrimination to the nearest HUD Office of
Fair Housing and Equal Opportunity. For example, a resident may be trying to
obtain other rental housing and/or is attempting to purchase a home and experiences
apparent discrimination.
Equal Opportunity Housing Plan:
The EHA is a participant in the tenant-based program and is required to comply with
equal opportunity requirements imposed by contract or federal law (Ref: 24 CFR
982.54). This includes applicable requirements under:
 The fair housing act, 42 U. S. C. 3610-3619 (implementing regulations at 24
CFR parts 100, et seq.);
 Title VI of the Civil Rights Act of 1964, 42 U. S. C. 2000d (implementing
regulations at 24 CFR part1);
 The Age Discrimination Act of 1975, 42 U. S. C. 6101-6107 (implementing
regulations at 24 CFR, part 146);
 Executive Order 11063, Equal Opportunity in Housing (1962), as amended,
Executive Order 12259, 46 FR1253 (1980), as amended, Executive Order
12892, 59FR 2939 (1994) (implementing regulations at 24 CFR, part 107);
 Section 504 of the Rehabilitation Act of 1973, 29 U. S. C. 794 (implementing
regulations at 24 CFR, part 8; and
 Title II of the Americans with Disabilities Act, 42 U. S. C.12101, et seq.
Equal Opportunity Posting Requirements:
There shall be maintained in the EHA's office waiting room a bulletin board, which
will accommodate the following posted materials:
 Statement of Policies and Procedures Governing the Section 8 Administrative
Plan.
 Open Occupancy Notice (Applications being Accepted and/or Not Accepted)
 Income Limits for Admission.
 Utility Allowances.
 Informal Review and Hearing Procedure.
 Fair Housing Poster.
 "Equal Opportunity in Employment" Poster.
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PRIVACY RIGHTS
Applicants will be required to sign the Federal Privacy Act Statement which states under
what conditions HUD will release information concerning Housing Choice Voucher
participants. Requests for information by other parties must be accompanied by a signed
release request in order for the HA to release any information involving an applicant or
participant, unless disclosure is authorized under Federal or State law or regulations
(Reference HUD Form 9886).
No person shall, on the grounds of race, color, sex, age, sexual orientation, creed,
religion, national or ethnic origin, familial status, or disability be excluded from
participation in, be denied the benefits of, or be otherwise subjected to
discrimination under the Evansville Housing Authority housing programs.
To further its commitment to full compliance with applicable Civil Rights laws,
the Evansville Housing Authority will provide Federal/State/local information to
applicants and participants in the Housing Choice Voucher Program regarding
discrimination and any recourse available to them if they believe they may be
victims of discrimination. Such information will be made available with the
application, and all applicable Fair Housing Information and Discrimination
Complaint Forms will be made available at the Evansville Housing Authority
office. In addition, all written information and advertisements will contain the
appropriate Equal Opportunity language and logo.
The Evansville Housing Authority will assist any family that believes they have
suffered illegal discrimination by providing those copies of the housing
discrimination form. The Evansville Housing Authority will also assist them in
completing the form, if requested, and will provide them with the address of the
nearest HUD Office of Fair Housing and Equal Opportunity.
REASONABLE ACCOMODATION
Sometimes people with disabilities may need a reasonable accommodation in
order to take full advantage of the Evansville Housing Authority housing
programs and related services. When such accommodations are granted they do
not confer special treatment or advantage for the person with a disability; rather,
they make the program fully accessible to them in a way that would otherwise not
be possible due to their disability. This policy clarifies how people can request
accommodations and the guidelines the Evansville Housing Authority will follow
in determining whether it is reasonable to provide a requested accommodation.
Because disabilities are not always apparent, the Evansville Housing Authority
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will ensure that all applicants/participants are aware of the opportunity to request
reasonable accommodations.
QUESTIONS TO ASK IN GRANTING THE ACCOMMODATION
A.
Is the requestor a person with disabilities? For this purpose the definition
of disabilities is different than the definition used for admission. The Fair
Housing definition used for this purpose is:
A person with a physical or mental impairment that
substantially limits one or more major life activities, has a
record of such impairment, or is regarded as having such
impairment. (The disability may not be apparent to others,
i.e., a heart condition).
If the disability is apparent or already documented, the answer to this
question is yes. It is possible that the disability for which the
accommodation is being requested is a disability other than the apparent
disability. If the disability is not apparent or documented, the Evansville
Housing Authority will obtain verification that the person is a person with
a disability.
B.
Is the requested accommodation related to the disability? If it is apparent
that the request is related to the apparent or documented disability, the
answer to this question is yes. If it is not apparent, the Evansville Housing
Authority will obtain documentation that the requested accommodation is
needed due to the disability. The Evansville Housing Authority will not
inquire as to the nature of the disability.
C.
Is the requested accommodation reasonable? In order to be determined
reasonable, the accommodation must meet two criteria:
1.
Would the accommodation constitute a fundamental alteration?
The Evansville Housing Authority's business is housing. If the
request would alter the fundamental business that the Evansville
Housing Authority conducts, that would not be reasonable. For
instance, the Evansville Housing Authority would deny a request
to have the Evansville Housing Authority do grocery shopping for
the person with disabilities.
2.
Would the requested accommodation create an undue financial
hardship or administrative burden? Frequently the requested
accommodation costs little or nothing. If the cost would be an
undue burden, the Evansville Housing Authority may request a
meeting with the individual to investigate and consider equally
effective alternatives.
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Generally the individual knows best what they need; however, the Evansville
Housing Authority retains the right to be shown how the requested
accommodation enables the individual to access or use the Evansville Housing
Authority’s programs or services.
If more than one accommodation is equally effective in providing access to the
Evansville Housing Authority’s programs and services, the Evansville Housing
Authority retains the right to select the most efficient or economic choice.
The cost necessary to carry out approved requests will be borne by the Evansville
Housing Authority if there is no one else willing to pay for the modifications. If
another party pays for the modification, the Evansville Housing Authority will
seek to have the same entity pay for any restoration costs.
If the participant requests, as a reasonable accommodation, that he or she be
permitted to make physical modifications to their dwelling unit, at their own
expense, the request should be made to the property owner/manager. The Housing
Authority does not have responsibility for the owner's unit and does not have
responsibility to make the unit accessible.
Any request for an accommodation that would enable a participant to materially
violate family obligations will not be approved.
SERVICES FOR NON-ENGLISH SPEAKING APPLICANTS & PARTICIPANTS
In determining whether it is feasible to translate documents into other languages, the HA
will consider the following factors:
Number of applicants and participants who do not speak English and speak
another language.
Cost of translation into the other language per/client who speaks the language.
Evaluation of the need for translation by agencies that work with the non-English
speaking clients.
The availability of organizations to translate documents, letters and forms for nonEnglish speaking families.
The Evansville Housing Authority will endeavor to have bilingual staff or access
to people who speak languages other than English to assist non-English speaking
families. The following languages will be covered: French, Russian, Spanish, &
German. May provide others as available.
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OWNER OUTREACH [24 CFR 982.54(D) (5)]
EHA encourages owners of decent, safe and sanitary housing units to lease to Housing
Choice Voucher families. To this end, EHA may:
1. Create and distribute informational materials about the Housing Choice Voucher
Program specifically for potential landlords;
2. Establish a landlord advisory group including both for-profit and non-profit housing
providers that will advise EHA on matters of concern to landlords in the operation of
EHA’s Housing Choice Voucher Program;
3. Distribute an owner’s newsletter including updates on program guidelines and
opportunities for landlords to benefit from the Housing Choice Voucher Program;
4. Provide training in crime prevention, landlord-tenant law, Fair Housing, and other
property management issues of interest to owners of assisted properties;
5. Make presentations at local associations of for-profit and non-profit owners describing
the benefits of participating in the Housing Choice Voucher Program;
6. Conduct surveys of owners to determine their satisfaction and priorities for
improvements in the operation of the Housing Choice Voucher Program;
7. Establish policies which encourage Housing Choice Voucher Program participants to
act responsibly in their relationship with their landlords;
8. Establish policies which reward “high performing” landlords for consistently
responsible participation in the Housing Choice Voucher Program and high quality
service to assisted tenants; and
9. Review all proposed new policies or modifications of current policies and procedures
for their potential impact on participating owners. EHA encourages owners to list
vacant units with EHA, and updates this list weekly. Available vacancy listings are
compiled by GoSection 8.com on their web site.
Policy Regarding Encouraging Owners of Units outside Areas of Poverty or Minority
Concentration
EHA encourages program participation by owners of units located outside areas of
poverty or minority concentration. EHA periodically evaluates the demographic
distribution of assisted families to identify areas within the jurisdiction where owner
outreach should be targeted.
Voucher holders are informed of a broad range of areas where they may lease units inside
or outside EHA's jurisdiction and given a list of landlords who are willing to lease units
to Housing Choice Voucher participants. This includes a list of non-profit housing groups
who have properties outside areas of poverty and minority concentration, and properties
subsidized by the Low Income Housing Tax Credit Program with an obligation to notify
EHA of the availability of their units.
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RIGHT TO PRIVACY
All adult members of both applicant and participant households are required to
sign HUD Form 9886-Authorization for Release of Information, EHA
Authorization for Release of Information and Privacy Act Notice. The HUD
9886-Authorization for Release of Information and Privacy Act Notice states how
family information will be released and includes the Federal Privacy Act
Statement.
Any request for applicant or participant information will not be released unless
there is a signed release of information request from the applicant or participant.
PROCEDURE POLICY
The Leased Housing Department of the Housing Authority for the City of
Evansville will utilize the standard operating procedure and administrative
practices as approved by the Evansville Housing Authority’s Board of
Commissioners. The EHA will continue to implement new practices as mandated
by the U. S. Department of Housing and Urban Development. These regulations
and practices are available for public review for the EHA’s administrative offices
located at 500 Court Street, Evansville, In 47708 and at the Leased Housing
Department located at 411 S.E. 8TH Street, Evansville, IN 47713.
PURPOSE OF THE PLAN
The purpose of the Administrative Plan is to establish policies for carrying out the
programs in a manner consistent with HUD requirements and local objectives. The Plan
covers both admission and continued participation in these programs. Policies are the
same for both programs unless otherwise noted.
The HA is responsible for complying with all changes in HUD regulations pertaining to
these programs. If such changes conflict with this Plan, HUD regulations will have
precedence. The original Plan and any changes must be approved by the Board of
Commissioners of the agency and a copy provided to HUD.
RULES AND REGULATIONS
This Administrative Plan is set forth to define the HA's local policies for operation of the
housing programs in the context of Federal laws and Regulations. All issues related to
Section 8 not addressed in this document are governed by such Federal regulations, HUD
Memos, Notices and guidelines, or other applicable law. The policies in this
Administrative Plan have been designed to ensure compliance with the consolidated ACC
and all HUD-approved applications for program funding.
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REQUIRED POSTINGS
The Evansville Housing Authority will post in each of its offices in a conspicuous
place and at a height easily read by all persons including persons with mobility
disabilities, the following information:
A.
The Housing Choice Voucher Program Administrative Plan is available
for review.
B.
Notice of the Status of the Wait List (opened or closed)
C.
Address of all Evansville Housing Authority offices, office hours, telephone
numbers, TDD numbers, and hours of operation shall be posted on the
door.
D.
Income Limits for Admission will be posted.
E.
Missed Appointment Policy.
F.
Informal Review and Formal Hearing Procedures
G.
Fair Housing Poster
H.
Equal Opportunity in Employment Poster
MANAGEMENT ASSESSMENT OBJECTIVES
The EHA operates its housing assistance program with efficiency and can demonstrate to
HUD auditors that the EHA is using its resources in a manner that reflects its
commitment to quality and service. The EHA’s policies and practices are consistent with
the goals and objectives of the following proposed HUD SEMAP indicators:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Selection from the Waiting List
Reasonable Rent
Determination of Adjusted Income
Utility Allowance Schedule
HQS Quality Control Inspections
HQS Enforcement
Expanding Housing Opportunities
Payment Standards
Annual Reexaminations
Correct Tenant Rent Calculations
Pre-Contract HQS Inspections
Annual HQS Inspections
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13. Lease-up
14. Family Self-Sufficiency (FSS) Enrollment and Escrow Account Balances
15. Bonus Indicator (Deconcentration).
Supervisory quality control reviews will be performed by an EHA Supervisor or other
qualified person other than the person who performed the work, as required by HUD, on
the following SEMAP factors:
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Selection from the waiting list
Rent reasonableness
Determination of adjusted income
HQS Enforcement
HQS Quality Control.
The annual sample of files and records will be drawn in an unbiased manner, leaving a
clear audit trail. The minimum sample size to be reviewed will relate directly to each
factor.
CHARGES AGAINST THE SECTION 8 ADMINISTRATIVE FEE RESERVE
Occasionally, it is necessary for the Evansville Housing Authority to spend
money from its Section 8 Administrative Fee Reserve to meet unseen or
extraordinary expenditures or for its other housing related purposes consistent
with State law.
The Evansville Housing Authority Board of Commissioners authorizes the
Executive Director to expend without prior Board approval up to (insert dollar
amount TBA by Board) for authorized expenditures.
Any item(s) exceeding (insert dollar amount TBA by Board) will require prior
Board of Commissioner approval before any charge is made against the Section 8
Administrative Fee Reserve.
INTELLECTUAL PROPERTY RIGHTS
No program receipts may be used to indemnify contractors or subcontractors of
the Evansville Housing Authority against costs associated with any judgment of
infringement of intellectual property rights (CFR 982.161).
QUALITY CONTROL PROCEDURES
Quality control may take many different forms. Quality control may be in the form of
routine checks, including manual and automated, that are typically built into a PHA’s
program management system. For example, some PHAs require that a supervisor review
all new admissions and recertification transactions prior to final data entry into EHA’s
computer system. Other PHAs only review the work of new employees. Quality control
also occurs when managers generate and analyze standardized reports that enable them to
check for internal consistency, completeness of processing, and accuracy of calculations.
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Another form of quality control is a thorough review of a sample of files representing
different transaction types. This review occurs after staff members finish processing the
file (e.g. after completion of a recertification.)
Regardless of the approach taken, quality control should include a review of the
following functional areas to detect and prevent recurring errors, omissions, fraud or
abuse:
Admissions and occupancy functions: The objective of the review is to determine that
the file is complete; meaning that all information, particularly income, assets, and
allowances, have been properly verified; unit size is appropriate; and the subsidy, rent,
and utility allowance/reimbursement calculations are correct. The review should
determine if the information in the file is consistent with the family information reported
in MTCS. If any of the file entries are incomplete, unverifiable, or incorrect, the quality
control supervisor should record the specific error, preferably by using a standard file
review form. The standardized forms can then be compiled and tabulated to summarize
the results of all tenant file reviews.
Rent reasonableness function: The objective of the review is to determine whether the
rent approved by EHA was determined to be reasonable in accordance with HUD
regulations and EHA’s rent reasonableness procedures. This review protects against
owners receiving more rent than they would if they rented their units in the private rental
market. The reviewer should determine that each file documents that all steps in the rent
reasonableness procedure have been completed and that the data provided supports the
conclusions drawn.
Housing Assistance Payments processing function: The objective of this review is to
first determine whether the housing assistance payment to the owner is correct, based on
the payment standard and family contribution. Second, this review ensures that the
payment being made to the owner matches the amount shown on EHA’s HAP register.
Third, it also confirms that any change in rent resulting from a recertification or interim
change is properly reflected in the HAP to owner. Fourth, it protects against payments
being made on a HAP contract that has been terminated. Finally, this review protects
against payments for a unit that has failed HQS and where the owner has yet to correct
the deficiency.
Inspection function: The objective of this review is to examine the quality of the
original EHA inspector’s work and the accuracy of the inspector’s determination
regarding whether or not the unit complied with HQS and/or local housing code. This
review prevents owners from receiving program subsidy under the program for
substandard units.
RECORDS FOR MONITORING EHA PERFORMANCE
To demonstrate compliance with HUD and other pertinent regulations, the EHA will
maintain records, reports and other documentation for a period that is in accordance with
HUD requirements and in a manner that will allow an auditor, housing professional or
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other interested party to follow, monitor and or assess the EHA’s operational procedures
objectively and with accuracy and in accordance with SEMAP requirements with internal
supervisory audits.
In addition to the SEMAP factors to ensure quality control, supervisory staff audits the
following functions:
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5% of reexaminations
5% of new applications
5% of claims processed.
CONFLICT OF INTEREST POLICY
All EHA employees are bound by the conflict of interest policy outlined in the EHA
Employee Handbook and the EHA Manual of Operations.
Privacy/Confidentiality/Use of Personal Identifiers [24 CFR 982.551 and 24 CFR 5.212]
Requirement to Release Information
Applicants and participants, including all adults in their households, are required to sign
the HUD Form 9886 Authorization for Release of Information. This document
incorporates the Federal Privacy Act Statement and describes the conditions under which
HUD and EHA will release family information.
As specified on HUD Form 9886, HUD is required to protect the income information it
obtains in accordance with the Privacy Act of 1974, 5 U.S.C. 552a. HUD may disclose
information (other than tax return information) for certain routine uses, such as to other
government agencies for law enforcement purposes, to federal agencies for employment
suitability purposes and to housing authorities for the purpose of determining housing
assistance.
EHA is also required to protect the income information it obtains in accordance with any
applicable state privacy law. HUD and EHA employees may be subject to penalties for
unauthorized disclosures or improper uses of the income information that is obtained
based on the consent form.
Private owners may not request or receive information authorized by this form.
Protection of Applicant and Participant Personal Information
EHA’s policy is to protect the privacy of applicants and participants. Except when
responding to requests from HUD, law enforcement agencies, or governmental
investigating agencies, health or building departments or responding to subpoenas and
court orders, EHA staff will not disclose whether or not an individual is an applicant or a
participant, or reveal any information about a family without their consent.
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EHA staff shall consider the sensitivity of personal information at all times when
communicating with applicants, participants, or their representatives (advocates,
translators, or family members). Every effort shall be made to conduct conversations
about applicants’ and participants’ personal information in such a way that third-parties
are unlikely to overhear them.
Responding to Requests for Status Updates
EHA staff will take reasonable precautions to safeguard the personal information of
applicants and participants, without creating barriers that make it more difficult for
applicants and participants to communicate with Leased Housing Department.
Individuals who visit Leased Housing Department in person on their own behalf will be
presumed to be who they say they are if they can provide personal identification.
Personal identification will be required of any walk-in visitor to the Leased Housing
Department who is requesting information relevant to any Section 8 application or
participating household to confirm they are a legitimate concerned party. Individuals
must be able to show positive and current original identification of who they are
representing themselves to be (participant, landlord, or service provider with release of
information on record) before EHA staff will acknowledge status of any program
participation or share any information (verbally, electronically, or in written
documentation).
Acceptable forms of personal identification include the following:
1. State driver’s license; (current)
2. State-issued picture identification; (current)
3. Photo identification bank card with signature on back; and (current)
4. Other photo identification of official entity such as a school or business (current)
Individuals who call the Leased Housing Department to request status updates will be
given general information however, specific status updated must be done in person or
requested in writing.
Translators and Advocates
EHA staff may assume that translators and advocates, including adult family members,
who accompany applicants and participants in person, have the applicants’ or
participants’ permission to witness confidential conversations and documents.
EHA staff may assume that translators and advocates who telephone on behalf of an
applicant or participant and represent that the applicant or participant is there with them
at the time of the telephone call, have the applicants’ or participants’ permission to
conduct the conversation.
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Staff, however, shall exercise caution in conducting such conversations on the telephone,
and may request additional personal identifiers from the caller to verify that he or she is
in fact present in the room with the applicant or participant, or refrain from disclosing
highly sensitive information (e.g., denial based on a criminal record, or response to a
request for an accommodation based on the presence of a disability), offering instead to
send a letter with the requested information to the applicant or participant directly.
EHA staff shall not discuss personal information about an applicant or participant with an
advocate or family member when the applicant or participant is not present, without a
written, signed and dated request by the applicant or participant giving EHA permission
to do so. The written request shall identify the specific persons or agency with whom the
personal information may be discussed.
EHA shall exercise caution in conducting personal conversations on the telephone with
advocates, and may take such steps as are reasonably necessary to confirm the identity of
the advocate.
Domestic Violence
An applicant or participant may request that no information be provided to a current or
former spouse or partner, because of domestic violence or harassment related to a
domestic conflict (e.g., child custody dispute). In such cases, staff shall note this in the
file and computer records, and make every effort not to disclose information about the
applicant or participant to any third-party, regardless of the relationship claimed. Staff
shall inform applicants and participants who make such a request that it will not apply to
requests from HUD or law enforcement, or other governmental agencies authorized by
EHA’s General Counsel to secure confidential information about them.
Retention of Information Relating to a Disability
Any and all information which would lead one to determine the nature and/or severity of
a person’s disability must be kept in a separate folder and marked “confidential” or
returned to the family member after its use. The personal information in this folder must
not be released except on an “as-needed” basis in cases where an accommodation is
under consideration.
Retention of Criminal Background Checks
The results of criminal background checks shall also be maintained in a separate file in a
secure location, marked “confidential.” The personal information in this file must not be
released except on an “as-needed” basis, to defend against an appeal of an EHA
determination, to deny admission to the program, or terminate assistance under the
policies outlined in this Plan. Criminal check information shall be destroyed one year
from the date of an admissions decision based on it.
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Forwarding Addresses; Information Necessary to Collect Delinquent Accounts
Unless a privacy request is made by the voucher holder, EHA will provide information
on forwarding addresses for current and former participants to police or other
governmental authorities, previous landlords, and other public housing authorities, upon
request by those parties.
Regardless of any privacy request on record, information regarding delinquent
residents/participants may be exchanged when it is deemed in the interest of EHA and its
collection effort.
Requests by Governmental Agencies and Attorneys to View, Copy, or Remove
Documents
Requests by law enforcement agencies to view, copy or remove documents shall be made
to the EHA Department Head and/ or Executive Director.
Public Disclosure Law
All requests for personally identifiable information about applicants and participants
under the Freedom of Information Act or any other public disclosure law shall be referred
to the EHA General Counsel.
Use of Personal Identifiers (Social Security Numbers)
EHA is required to collect proof of Social Security Number from all applicants and
participants age six and older who have been issued a Social Security Number. EHA uses
Social Security Numbers as the primary, unique identifier of applicants and participant
records. However, EHA shall take every precaution it reasonably can to prevent
disclosure of applicant or participant Social Security Numbers to third-parties not
authorized to have access to them.
EHA will not include Social Security Numbers on correspondence mailed to the
applicant’s or participant’s address.
EHA will shred all documents containing personal identifiers, including Social Security
Numbers, before disposing of them.
EVANSVILLE HOUSING AUTHORITY/OWNER
RESPONSIBILITY/ OBLIGATION OF THE FAMILY
This Section outlines the responsibilities and obligations of the Evansville
Housing Authority, the Housing Choice Voucher Owners/Landlords, and the
participating families.
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What does HUD do?
HUD has the following major responsibilities:
• Develop regulations, requirements, handbooks, notices and other guidance to
implement HCV housing program legislation passed by Congress;
• Allocate HCV program funds to PHAs;
• Provide technical assistance to PHAs on interpreting and applying HCV program
requirements;
• Monitor PHA compliance with HCV program requirements and PHA
performance in program administration.
What does the EHA do?
EHA administers the HCV program under contract with HUD and has the following
major responsibilities:
• Establish local policies;
• Review applications from interested applicant families to determine whether applicants
are eligible for the program;
• Maintain waiting list and select families for admission;
• Issue voucher to selected family and, if necessary, assist the family in finding a place to
live;
• Conduct outreach to owners, with special attention to owners outside areas of poverty
or minority concentration;
• Approve the rental unit (including assuring compliance with housing quality standards
and rent reasonableness), the owner, and the tenancy;
• Make housing assistance payments to the owner in a timely manner;
• Ensure that families and their rental units continue to qualify under the program;
• Ensure that owners and families comply with program rules;
• Provide families and owners with prompt, professional service;
• Comply with all fair housing and equal opportunity requirements, HUD regulations and
requirements, the Annual Contributions Contract, HUD-approved applications for
funding, the PHA’s administrative plan, and other applicable federal, state and local
laws.
What does the Owner do?
The owner has the following major responsibilities:
• Screen families who apply for tenancy, to determine if they will be good renters.
 EHA can provide some information to the owner, but the primary responsibility
for tenant screening rests with the owner.
 The owner should consider family background factors such as rent and billpaying history, history of caring for property, respecting the rights of others to
peaceful enjoyment of the property, compliance with essential conditions of
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tenancy, whether the family is engaging in drug-related criminal activity or
other criminal activity that might threaten others.
• Comply with the terms of the Housing Assistance Payments contract, executed with
EHA;
• Comply with all applicable fair housing laws and discriminate against no one;
• Maintain the housing unit by making necessary repairs in a timely manner;
• Collect rent due from the assisted family and otherwise comply with and enforce
provisions of the dwelling lease.
What does the Family do?
The family has the following responsibilities:
• Provide EHA with complete and accurate information, determined by EHA to be
necessary for administration of the program;
• Make their best and most timely efforts to find a place to live that is suitable for them
and that qualifies for the program;
• Cooperate in attending all appointments scheduled by EHA;
• Allow EHA to inspect the unit at reasonable times and after reasonable notice;
• Take responsibility for care of the housing unit, including any violations of housing
quality standards caused by the family;
• Comply with the terms of the lease with the owner;
• Comply with the family obligations of the voucher;
• Not commit serious or repeated violations of the lease;
• Not engage in drug-related or violent criminal activity;
• Notify EHA and the owner before moving or termination the lease;
• Use the assisted unit only for residence and as the sole residence of the family. Not
sublet the unit, assign the lease, or have any interest in the unit;
• Promptly notify EHA of any changes in family composition;
• Not commit fraud, bribery, or any other corrupt or criminal act in connection with any
housing programs.
If all parties fulfill their obligations in a professional and timely manner, the program
responsibilities will be fulfilled in an effective manner.
EVANSVILLE HOUSING AUTHORITY RESPONSIBILITIES
A.
The Evansville Housing Authority will comply with the consolidated
ACC, the application, HUD regulations and other requirements, and the
Evansville Housing Authority Housing Choice Voucher Administrative
Plan.
B.
In administering the program, the Evansville Housing Authority must:
HCVP Administrative Plan
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1.
Publish and disseminate information about the availability and
nature of housing assistance under the program;
2.
Explain the program to owners and families;
3.
Seek expanded opportunities for assisted families to locate housing
outside areas of poverty or racial concentration;
4.
Actively pursue through marketing efforts to attract owners to
make units available for leasing in the program, including but not
limited to real estate located outside areas of poverty or racial
concentration;
5.
Affirmatively further fair housing goals and comply with equal
opportunity requirements;
6.
Make efforts to help disabled persons find satisfactory housing;
7.
Receive applications from families, determine eligibility, maintain
the waiting list, select applicants, issue a voucher to each selected
family, and provide housing information to families selected;
8.
Determine who pre-qualifies for admission to the Section 8
Program;
9.
Obtain and verify evidence of citizenship and eligible immigration
status in accordance with 24 CFR parts 5;
10.
Review the family’s request for approval of the tenancy and the
owner/landlord lease, including the HUD prescribed tenancy
addendum;
11.
Inspect the unit before the assisted occupancy begins and at least
annually during the assisted tenancy; as well as complaints;
12.
Determine the amount of the Housing Assistance Payment for a
family;
13.
Determine the maximum rent to the owner and whether the rent is
reasonable;
14.
Make timely housing assistance payments to an owner in
accordance with the Housing Assistance Payment contract by the
10th of the month;
15.
Examine family income, size and composition at admission and
during the family’s participation in the program. The examination
includes verification of income and other family documentation;
16.
Establish and adjust Evansville Housing Authority utility
allowance;
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17.
Administer and enforce the HAP contract with an owner, including
taking appropriate action as determined by the Evansville Housing
Authority, if the owner defaults (e.g., HQS violation);
18.
Determine whether to deny or terminate assistance to a participant
family for violation of the Code of Federal Regulations (CFR);
19.
Provide an applicant an opportunity for an informal review of
Evansville Housing Authority decisions denying assistance to the
applicant;
20.
Provide a participant an opportunity for an informal hearing
concerning Evansville Housing Authority decisions;
21.
Provide sound financial management of the program, including
engaging an independent public accountant to conduct audits; and
22.
Administer a Family Self Sufficiency Program.
OWNER RESPONSIBILITY
A.
The owner is responsible for performing all of the owner’s obligations
under the HAP contract and the lease.
B.
The owner is responsible for:
1.
Performing all management and rental functions for the assisted
unit, including selecting a voucher holder to lease the unit, and
deciding if the family is suitable for tenancy of the unit.
2.
Maintaining the unit in accordance with Housing Quality
Standards, including performance of ordinary and extraordinary
maintenance.
3.
Complying with equal opportunity requirements.
4.
Preparing and furnishing to the Evansville Housing Authority
documentation required under the HAP contract.
5.
Collecting from the family:
a.
b.
c.
6.
Any security deposit required under the lease.
The tenant contribution (the part of rent to owner not
covered by the housing assistance payment.)
Any charges for unit damage by the family.
Enforcing tenant obligations under the lease.
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7.
C.
Paying for utilities and services (unless paid by the family under
the lease.)
For provisions on modifications to a dwelling unit occupied or to be
occupied by a person with disabilities see 24 CFR 100.203.
OBLIGATIONS OF THE PARTICIPANT
This Section states the obligations of a participant family under the program.
A.
Supplying required information.
1.
The family must supply any information that the Evansville
Housing Authority or HUD determines is necessary in the
administration of the program, including submission of required
evidence of citizenship or eligible immigration status. Information
includes any requested certification, release or other
documentation. These must be submitted in writing within ten
(10) business days of the change.
2.
The family must supply any information requested by the
Evansville Housing Authority or HUD for use in a regularly
scheduled reexamination or interim reexamination of family
income and composition in accordance with HUD requirements.
3.
The family must disclose and verify Social Security Numbers and
must sign and submit consent forms for obtaining information.
4.
Any information supplied by the family must be true and complete.
B.
HQS breach caused by the Family
C.
The family is responsible for any HQS breach caused by the family or its
guests.
Allowing Evansville Housing Authority Inspection
The family must allow the Evansville Housing Authority to inspect the
unit at reasonable times, with proper written notice of not less than 48
hours.
D.
Violation of Lease
The family may not commit any serious or repeated violation of the lease.
E.
Family Notice of Move or Lease Termination
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The family must notify the Evansville Housing Authority and the owner
before the family moves out of the unit or terminates the lease by a 30 day
written notice to the owner and EHA.
F.
Owner Eviction Notice
The family must promptly give the Evansville Housing Authority a copy
of any owner eviction notice it receives within ten (10) business days of
the receipt of the Notice.
G.
Use and Occupancy of the Unit
1.
The family must use the assisted unit for a primary residence by
the family. The unit must be the family’s only residence.
2.
The Evansville Housing Authority must approve the composition
of the assisted family residing in the unit. The family must
promptly inform the Evansville Housing Authority of the birth,
adoption or court-awarded custody of a child. The family must
request approval from the Evansville Housing Authority to add any
other family member as an occupant of the unit. No other person
(i.e., no one but members of the assisted family) may reside in the
unit (except for a foster child/foster adult or live-in aide as
provided in paragraph (4) of this Section).
3.
The family must promptly notify the Evansville Housing Authority
in writing within ten (10) business days if any family member no
longer resides in the unit. Additionally, proof of residency is
required.
4.
If the Evansville Housing Authority has given approval, a foster
child/foster adult or a live-in aide may reside in the unit. The
Evansville Housing Authority has the discretion to adopt
reasonable policies concerning residence by a foster child/foster
adult or a live-in aide and defining when the Evansville Housing
Authority consent may be given or denied.
5.
Members of the household may engage in legal profit making
activities in the unit. Any business uses of the unit must comply
with zoning requirements and the affected household member must
obtain all appropriate licenses and written approval of the owner
prior to operation of said business.
6.
The family must not sublease or sublet the unit.
7.
The family must not assign the lease or transfer the unit.
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H.
Absence from the Unit
The family must supply any information or certification requested by the
Evansville Housing Authority to verify that the family is living in the unit,
or relating to family absence from the unit, including any Evansville
Housing Authority requested information or certification on the purposes
of family absences. The family must cooperate with the Evansville
Housing Authority for this purpose. The family must notify the Evansville
Housing Authority within ten (10) business days of its absence from the
unit.
Absence means that no member of the family is residing in the unit. The family may
be absent from the unit for up to 30 days. The family must request permission from
the Evansville Housing Authority for absences exceeding 30 days. The Evansville
Housing Authority will make a determination within 5 business days of the request.
An authorized absence may not exceed 180 days. Any family absent for more than 30
days without authorization will be terminated from the program.
Authorized absences may include, but are not limited to:
I.
1.
2.
Prolonged hospitalization
Absences beyond the control of the family (i.e., death in the
family, other family member illness)
3.
Other absences that are deemed necessary by the Evansville
Housing Authority
Fraud and Other Program Violation
The members of the family must not commit fraud, bribery, or any other
corrupt or criminal act in connection with the programs.
J.
Crime by Family Members
The members of the family may not engage in drug-related criminal
activity or other violent criminal activity.
K.
Other Housing Assistance
An assisted family, or members of the family, may not receive Section 8
tenant-based assistance while receiving another housing subsidy, for the
same unit or for a different unit, under any duplicative (as determined by
HUD or in accordance with HUD requirements) Federal, State or local
housing assistance program.
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TERMINOLOGY
The Housing Authority of the City of Evansville is referred to as “EHA,” “PHA,” or
“Public Housing Authority” throughout this document.
“Family” is used interchangeably with “Applicant” or “Participant” and can refer to a
single person family.
“Tenant” is used to refer to participants in terms of their relation to landlords.
“Landlord” and “owner” are used interchangeably.
“Disability” is used where “handicap” was formerly used.
“Non-citizens Rule” refers to the regulation effective June 19, 1995 restricting assistance
to U.S. citizens and eligible immigrants.
The Section 8 program is also known as the Housing Choice Voucher Program.
“HQS” means the Housing Quality Standards required by regulations as enhanced by the
EHA.
“Failure to Provide” refers to all requirements in the first family obligation (see Chapter
15, “Denial or Termination of Assistance”).
“Merger date” refers to October 1, 1999, which is the effective date of the merging of the
Section 8 Certificate and Voucher Programs into the Housing Choice Voucher Program.
See the Glossary at the end of this Plan for other terminology.
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Chapter 2
ELIGIBILITY FOR ADMISSION
[24 CFR Part 5, Subparts B, D & E; Part 982, Subpart E]
This Chapter defines both HUD and EHA’s criteria for admission and denial of
admission to EHA’s Housing Choice Voucher Program.
EHA’s policy is to apply these criteria objectively and consistently to the evaluation of
eligibility for all people who apply to EHA housing programs, and to give all applicants
every opportunity to demonstrate their eligibility.
Families will be provided the opportunity to explain their circumstances, to furnish
additional information, if needed, and to receive an explanation of the basis for any
decision made by EHA pertaining to their eligibility.
A. Eligibility Factors [24 CFR 982.201(b)]
To be eligible for participation in EHA’s Housing Choice Voucher Program an applicant
must:
1. Be a “family,” as defined below, which must have a head of household or spouse
who is at least 18 years of age or an emancipated minor;
2. Be within the appropriate income limits as established annually by HUD;
3. Furnish Social Security Numbers for all family members age six and older, if they
have been issued a Social Security Number;
4. Be a United States Citizen or Eligible Non-Citizen. However, evidence of
Citizenship/Eligible Immigrant Status will not be collected or verified until the
family's first annual review after their initial lease-up in the program [24 CFR
5.508(g) (3); 24 CFR 5.512(b)];
5. Not owe money to EHA or other housing authorities;
6. Complete the application process, and provide truthful and verifiable information
about income and personal circumstances; and
7. Cooperate in the verification of application information.
8. Consent to the EHA’s collection and use of family information as provided for in
EHA provided consent forms.
In addition to the above, all members of the family must meet EHA’s criminal history
standards and, if they have previously been Section 8 residents, must meet EHA’s
Section 8 participant history standards, as well as standards outlined in this chapter for
admission to the program.
This chapter contains three parts:
Part I: Definitions of Family and Household Members. This part contains HUD and EHA
definitions of family and household members and explains initial and ongoing eligibility
issues related to these members.
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Part II: Basic Eligibility Criteria. This part discusses income eligibility, and rules
regarding citizenship, social security numbers, and family consent.
Part III: Denial of Admission. This part covers factors related to an applicant’s past or
current conduct (e.g. criminal activity) that can cause the EHA to deny admission.
Definitions of “Family” – Family Composition [24 CFR 982.201(c)]
I.
Some eligibility criteria and program rules vary depending upon the composition of the
family requesting assistance. In addition, some requirements apply to the family as a
whole and others apply to individual persons who will live in the assisted unit. This part
provides information that is needed to correctly identify family and household members,
and to apply HUD's eligibility rules.
Family
The definition of “family” includes:
1. A single person;
2. A household consisting of one or more adults and dependent children;
3. Two or more persons who share residency and whose income and resources are jointly
available to meet the family’s needs;
4. Two or more elderly or disabled persons living together; or
5. One or more elderly, near-elderly or disabled persons living with one or more live-in
aides.
A family also includes two or more individuals who are not related by blood, marriage,
adoption, or other operation of law but who either can demonstrate that they have lived
together previously or certify that each individual’s income and other resources will be
available to meet the needs of the family.
Each family must identify the individuals to be included in the family at the time of
application, and must update this information if the family’s composition changes.
Household
Household is a broader term that includes additional people who, with the EHA’s
permission, live in an assisted unit, such as live-in aides, foster children, and foster
adults.
Head of Household
A “head of household” is the adult member of the household who:
1. Has the legal capacity to enter into a lease under state and local law;
HCVP Administrative Plan
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2. Will be issued the Section 8 voucher;
3. Will sign the Section 8 lease; and
4. Will be responsible for meeting the family obligations under the lease and voucher
agreement.
Emancipated Minors
An emancipated minor may be a head of household.
Spouse of Head of Household
“Spouse” means the husband or wife of the head of household. It includes the partner in a
marriage who resides in the same household. The term “spouse” does not include
boyfriends, girlfriends, significant others, or co-heads of households.
Co-Head of Household
A “co-head of household” is an individual in the household who signs the lease and
voucher agreement and who is equally responsible, with the head of household, for lease
and voucher agreement obligations. A family may have a spouse or a co-head, but not
both. A co-head cannot be a dependent. Minors who are emancipated under state law may
be designated as a co-head.
Other Adult
Other adult means a family member, other than the head, spouse, or co-head, who is 18
years of age or older. Foster adults and live-in aides are not considered other adults.
ELDERLY AND NEAR-ELDERLY PERSONS, AND ELDERLY FAMILY [24 CFR 5.100 and
5.403]
Elderly Persons:
An elderly person is a person who is at least 62 years of age.
Near-Elderly Persons:
A near-elderly person is a person who is at least 50 years of age but below the age of 62.
Elderly Family:
An elderly family is one in which the head, spouse, co-head, or sole member is an elderly
person.
Identifying elderly families is important because these families qualify for special
deductions from income as described in Chapter 6.
PERSONS WITH DISABILITIES AND DISABLED FAMILY [24 CFR 5.403]
Persons with Disabilities:
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Under the HCV program, special rules apply to persons with disabilities and to any
family whose head, spouse, or co head is a person with disabilities. The technical
definitions of individual with handicaps and persons with disabilities are provided in the
glossary section of this administrative plan.
These definitions are used for a number of purposes including ensuring that persons with
disabilities are not discriminated against based upon disability.
As discussed in Chapter 1, EHA must make all aspects of the HCV program accessible to
persons with disabilities and consider reasonable accommodations requested based upon
a person’s disability.
Disabled Family
A family in which the head of household, co-head of household or spouse meets the
definition of disabled set forth in this Administrative Plan.
Live-in Aide
A person who may or may not reside with the family and who meets the requirements for
a live-in aide described in this Administrative Plan.
Multiple Families in the Same Household
Two families living together (such as a mother and father, and a married child with his or
her spouse and/or children) may be treated as a single family unit.
DEPENDENT [24 CFR 5.603]
A dependent is a family member who is under 18 years of age or a person of any age who
is a person with a disability or a full-time student, except that the following persons can
never be dependents: the head of household, spouse, co-head, foster children/adults and
live-in aides.
Identifying each dependent in the family is important because each dependent qualifies
the family for a deduction from annual income as described in Chapter 6.
Joint Custody of Children
Children who are subject to a joint custody agreement will be considered to be members
of that parent’s household with whom they primarily reside (51 percent of the time).
Shared Custody - Dependent Deductions and Bedroom Size:
When a court provides more than one family member custody of a child and one
family lives in assisted housing, the assisted family receives the dependent deduction
HCVP Administrative Plan
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and the child is counted toward the family size if the assisted family has primary
custody (more than 50 percent). If custody is shared equally, then the child and the
deduction are accorded as follows:
1. To the family that contains the person who receives TANF for the
child(ren), or
2. If no TANF is received, then to the person who claims the child(ren) as a
dependent for Federal income tax purposes, or
3. If the child is not claimed on Federal tax forms, to the person who claims
the child(ren) as a dependent for State income tax purposes, or
4. If no tax forms are filed by either party, then the unassisted family is
deemed to have primary custody and the assisted family receives no deduction
and the child is not counted as a member of the assisted family.
When more than one family member shares custody of a child and both live in
assisted housing, only one family can claim the dependent deduction for the
child(ren). Likewise the child(ren) must be counted in only one family when
determining the family voucher size.
The family that will receive the deduction and bedroom allocation is determined as
above. If no tax forms are filed by either family, then the family heads must designate
in writing which family will receive the benefit of the deduction (and the bedrooms to
accommodate the child(ren). If the families cannot agree, then all the child(ren) are
recorded as being in the household of the family with the greatest annual income and
that family receives the child deduction(s) and the allocation of bedrooms for the
child(ren).
Families who claim primary custody in a joint custody or temporary guardianship
arrangement will be required to certify, and provide supporting documentation to
establish, that the child or children reside primarily with the applicant or resident. At a
minimum, the child’s school records must show the child’s primary address to be the
same as the applicant or resident.
When both parents are on the waiting list and both claim the child as a family member,
the primary custodial parent whose address is listed in the school records as the primary
address for the child will be allowed to claim the school-age child as a dependent for the
purposes of claiming the dependent deduction and determining subsidy.
FULL-TIME STUDENT [24 CFR 5.603, HVC GB p. 5-29]
A full-time student (FTS) is a person who is attending school or vocational training on a
full-time basis. The time commitment or subject load that is needed to be full-time is
defined by the educational institution.
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Identifying each FTS is important because (1) each family member that is an FTS, other
than the head, spouse, or co-head, qualifies the family for a dependent deduction and (2)
the income of such an FTS is treated differently from the income of other family
members.
Ability to Meet Program Requirements: Applicant/ Participant
The EHA is not required to provide accommodations that would result in a fundamental
alteration of the program, or impose any undue financial and administrative burden.
The EHA makes no inquiries about a person’s abilities to meet program requirements that
are not made of all applicants or participants of the same assisted housing program. An
applicant with disabilities may be denied admission to an assisted housing program if:
1. He or she is not capable of meeting the essential eligibility requirements,
with or without supportive services provided by persons other than the EHA;
2. There is no reasonable accommodation that the EHA could provide which
would enable the applicant to participate in and benefit from the program.
The EHA is not required to provide accommodations that would result in a fundamental
alteration of the program, or impose any undue financial and administrative burden.
II. BASIC ELIGIBILITY CRITERIA
A. Income Limits [24 CFR 982.201(b), 982.353]
To be income eligible the applicant must have a “very low income,” that is, the
applicant’s income cannot exceed 50 percent of the area median income established
annually by HUD for the Vanderburgh County Area and adjusted for family size, at the
time the family receives the voucher.
The following applicants, however, are income eligible if their income exceeds 50
percent of the area median income provided their income is “low,” that is, does not
exceed 80 percent of median income established annually by HUD for the Vanderburgh
County Area and adjusted for family size:
1. A family that has been continuously assisted under the 1937 Housing Act. An
applicant is continuously assisted if the family has received assistance under any
1937 Housing Act program within 120 days of voucher issuance;
2. A family that has been physically displaced by rental rehabilitation activity under
24 CFR Part 511;
3. A family residing in a project subject to a home-ownership program under 24
CFR 248.173 that is not participating in the program;
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4. A family that is displaced as a result of the prepayment of a mortgage or
voluntary termination of a mortgage insurance contract under 24 CFR 248.165;
5. A family that qualifies for voucher assistance as a family residing in a project
subject to a resident home-ownership program that is not participating in the
program;
6. A family participating in a Housing Choice Voucher Program home-ownership
program.
The following applicants are income eligible if their income exceeds 80 percent of
median income established annually by HUD for the Vanderburgh County Area and
adjusted for family size:
1. A family that is displaced as a result of the prepayment of a mortgage or voluntary
termination of a mortgage insurance contract under 24 CFR 248.165; and
2. A family living in a unit which becomes a Project-Based Voucher Program unit
under EHA’s project-basing policies described in Chapter 5, provided the family’s
income was lower than the target income level for the unit described in the HAP
Contract or Agreement to Enter Into a HAP Contract (AHAP) when the family first
leased the unit.
Applicants/participants reporting zero income will be asked to complete a family expense
form to document how much they spend on: food, transportation, health care, child care,
debts, household items, etc. and what the source of income is for those expenses.
Families whose annual income exceeds the applicable income limit will be denied.
Income Limits for Families Exercising Portability
Families who port-in to EHA’s Housing Choice Voucher Program must be within the
applicable income limit and voucher subsidy size for EHA’s program if leasing up for the
first time.
B. Mandatory Social Security Numbers [24 CFR 5.216, 5.218]
Families are required to provide, prior to admission, verifiable Social Security Numbers
for all family members age 6 and older who have been issued a Social Security Number.
This requirement also applies to persons joining the family after the family has been
admitted to the program.
Failure to provide verifiable Social Security Numbers is grounds for denial or termination
of assistance.
Persons who have not been issued a Social Security Number must certify that they have
never been issued a Social Security Number.
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Persons who provide Social Security Numbers, but cannot provide verification, must sign
a certification and provide verification within 60 days. Elderly persons must provide
verification within 120 days.
C.
Proof of Identity: Applicant Identification
The EHA requires each adult member of an applicant family to provide proof of identity
in the form of a government issued photo identification card. The card must, at a
minimum, identify the adult by name and date of birth and must be a valid, unexpired,
card. A live-in aide must provide a photo identification card at the time the family
requests EHA approval of the aide. The card must be valid (not expired) and must, at a
minimum, identify the aide by name and birth date. A copy of both forms of
identification must be maintained in the client folder for as long as the aide resides with
the family.
No adult shall be admitted to an assisted housing program unless he or she has provided
the EHA with a valid photo identification card. A copy of each identification card shall
be maintained in the client folder. When minors in the assisted family reach the age of 18
they shall be required to provide a government issued photo identification card for the
client folder at the first reexamination of income following their 18th birthday.
D. Family Consent to Release of Information [24 CFR 5.230, HCV GB, p. 5-13]
HUD requires each adult family member, and the head of household, spouse, or co head,
regardless of age, to sign form HUD-9886, Authorization for the Release of Information/
Privacy Act Notice and other consent forms as needed to collect information relevant to
the family’s eligibility and level of assistance. Chapter 8 provides detailed information
concerning the consent forms and verification requirements.
EHA must deny admission to the program if any member of the applicant family fails to
sign and submit consent forms which allow EHA to obtain information in accordance
with 24 CFR 5, Subparts B and F [24 CFR 982.552(b)(3)].
E. Citizenship/Eligible Non-Citizen [24 CFR Part 5, Subpart E]
The status of each member of the family is considered individually for the
citizenship/eligible immigration requirement before the family’s status is defined.
Only those family members who are U.S. citizens or eligible immigrants may receive
benefits from the Housing Choice Voucher Program. Eligible immigrants are persons
who are in one of the immigrant categories set forth in 42 U.S.C. Section 1436(a).
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Mixed Families
A “mixed family” is a family whose members include those with citizenship or eligible
immigration status and those without citizenship or eligible immigration status. A mixed
family is eligible for assistance as long as at least one member is a citizen or eligible
immigrant. Assistance for such families will be pro-rated according to the number of
residents who are citizens or have eligible immigration status.
Ineligible Families
“Ineligible families” are those families in which no members are eligible for assistance.
Non-Citizen Students
A “non-citizen student” is any alien who:
1. Has a residence in a foreign country that he or she intends to maintain;
2. Is a bona fide student qualified to pursue a full course of study; and
3. Is admitted to the United States temporarily and solely for purposes of pursuing
such course of study at an established institution of learning or other recognized
place of study in the United States, particularly designated by such alien and
approved by the Attorney General as provided in 42 U.S.C. 1436a(c) (2).
Appeals
Applicants who are denied admission because of immigration status under this section are
entitled to an informal hearing as provided in Chapter 19 of this Administrative Plan.
Timeframe for Determination of Citizenship Status [24 CFR 5.508(g)]
For new occupants joining the resident family, EHA must verify status at the first interim
or regular reexamination following the person’s occupancy, whichever comes first.
If an individual qualifies for a time extension for the submission of required documents,
EHA must grant such an extension for no more than 30 days [24 CFR 5.508(h)].
Each family member is required to submit evidence of eligible status during continuous
occupancy.
EHA will verify the status of applicants at the time other eligibility factors are
determined.
Mandatory verification of eligibility immigration status
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In order for a family to be eligible to receive full voucher housing assistance, all family
members must be United States citizens, nationals or certain categories for eligible noncitizens. Once an applicant reaches the top of the waiting list the initial screening of the
applicant and their family will include declaration or verification of citizenship or
eligibility immigration status.
To qualify for 100% subsidy under this requirement, when the applicant reaches the top
of the waiting list all family members must declare citizenship submits evidence of
citizenship, or eligible immigration status to the housing authority.
If an applicant family does not declare citizenship or provide proof of eligible
immigration status, housing assistance will be denied to the applicant. If there are
members of the family who do not contend to be citizens or have eligible immigration
status, then that family’s housing assistance payment will be pro-rated to assist only those
citizens, nationals, and eligible non-citizens. At any time in the future the family
composition changes, proof of citizenship or eligible immigration status must be
provided.
Verification of eligible immigration status:
The following types of verification will be acceptable as methods to document
applicants’ citizenship or eligible immigration status:
For citizens and non-citizens claiming eligible immigration status:
A signed declaration of U.S. citizenship
For non-citizens 62 years of age and who are receiving assistance on June 19, 1995:
A signed declaration, of eligible immigration status, and proof of age.
For all other non-citizens;
A signed declaration of eligible immigration status; and
Acceptable INS documents; and
A signed verification consent form.
III. DENIAL OF ADMISSION – OVERVIEW
A family that does not meet the eligibility criteria discussed families, must be denied
admission.
In addition, HUD requires or permits EHA to deny admission based on certain types of
current or past behaviors of family members as discussed in this part.
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Forms of Denial [24 CFR 982.552(a) (2); HCV GB, p. 5-35]
Denial of assistance includes any of the following:
• Not placing the family's name on the waiting list,
• Denying or withdrawing a voucher,
• Not approving a request for tenancy or refusing to enter into a HAP contract, or
• Refusing to process a request for or to provide assistance under portability
procedures.
MANDATORY DENIAL OF ASSISTANCE [24 CFR 982.553(a)]
EHA is required to establish standards that prohibit admission of an applicant to the HCV
program if they have engaged in certain criminal activity or if EHA has reasonable cause
to believe that a household member’s current use or pattern of use of illegal drugs, and/
or current abuse or pattern of abuse of alcohol may threaten the health, safety, or right to
peaceful enjoyment of the premises by other residents or neighbors.
Where the statute requires that EHA prohibit admission for a prescribed period after
some disqualifying behavior or event, EHA may choose to continue that prohibition for a
longer period [24 CFR 960.203(c) (3) (ii)].
EHA is required by HUD regulations [24 CRF 982.553(a)] to deny the applications that
involve:
1. Eviction in last 3 years from federally assisted housing for illegal drug activity: EHA
shall deny admission to any EHA housing program to applicants who have been evicted
from public or other federally assisted housing due to drug-related activity within the last
three years. [24 982.553(a)]
a) Definition of drug-related criminal activity: Drug-related criminal activity means
the illegal manufacture, sale, distribution, or use of a drug, or the possession of a
drug with intent to manufacture, sell, distribute or use the drug.
b) Evidence of rehabilitation or permanent absence of criminal from household:
EHA may, however, admit the household if it determines that:
i.
The evicted household member who engaged in drug related
criminal activity has successfully completed a supervised drug
rehabilitation program approved by EHA: or
ii.
The circumstances leading to the eviction no longer exist (for
example, the criminal household member has died or is
imprisoned).
c) Evidence of rehabilitation: EHA standards for evidence of rehabilitation under
this section may take into consideration documented evidence of rehabilitation
for drug-related offenses if the applicant can provide all of the following:
i.
Evidence of completion of a recognized drug treatment program;
ii.
Commitment of appropriate services by a recognized service
provider; and
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iii.
No re-offense in the two-year period preceding the issuance
interview.
2. Current use of illegal drugs: EHA shall deny admission to households if it determines
that a household member is currently engaged in illegal drug use. • EHA determines
that any household member is currently engaged in the use of illegal drugs. Drug means a
controlled substance as defined in section 102 of the Controlled Substances Act [21
U.S.C. 802]. Currently engaged in the illegal use of a drug means a person has engaged
in the behavior recently enough to justify a reasonable belief that there is continuing
illegal drug use by a household member [24 CFR 960.205(b) (1)].EHA has reasonable
cause to believe that any household member's current use or pattern of use of illegal
drugs, or current abuse or pattern of abuse of alcohol, may threaten the health, safety, or
right to peaceful enjoyment of the premises by other residents.
3. Methamphetamine production in federally assisted housing: EHA shall permanently
prohibit admission to any applicant if any household member has been convicted of
the manufacture or production of methamphetamine on the premises of federally
assisted housing.
4. Sex-offenders: EHA shall deny admission to a household if any household member is
subject to a lifetime registration requirement under a state sex offender registration
program.
5. Pattern of abuse of alcohol: EHA shall deny admission to a household if it has cause to
believe that a household member’s abuse or pattern of abuse of alcohol may threaten
the health, safety or right to peaceful enjoyment of the premises by other residents.
In determining reasonable cause, EHA will consider all credible evidence, including but
not limited to, any record of convictions, arrests, or evictions of household members
related to the use, sales, possession or abuse of illegal drugs or the abuse of alcohol.
OTHER PERMITTED REASONS FOR DENIAL OF ADMISSION
HUD permits, but does not require EHA to deny admission for the reasons discussed in
this section.
Criminal Activity [24 CFR 982.553]
If any household member is currently engaged in, or has engaged in any of the following
criminal activities, within the past three years, the family may be denied assistance:
Drug-related criminal activity, defined by HUD as the illegal manufacture, sale,
distributions, or use of a drug, or the possession of a drug with intent to manufacture, sell,
distribute or use the drug [24 CFR 5.100];
Violent criminal activity, defined by HUD as any criminal activity that has as one of its
elements the use, attempted use, or threatened use of physical force substantial enough to
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cause, or be reasonably likely to cause, serious bodily injury or property damage [24 CFR
5.100];
Criminal activity that may threaten the health, safety, or right to peaceful enjoyment of
the premises by other residents or persons residing in the immediate vicinity; or
Criminal activity that may threaten the health or safety of property owners and
management staff, and persons performing contract administration functions or other
responsibilities on behalf of the PHA (including a PHA employee or a PHA contractor,
subcontractor, or agent).
Immediate vicinity means within a three-block radius of the premises.
Evidence of such criminal activity includes, but is not limited to:
Conviction for drug-related or violent criminal activity within the past 3 years;
Any arrests for drug-related or violent criminal activity within the past 3 years;
Any record of eviction from public or privately-owned housing as a result of criminal
activity within the past 3 years; or
A conviction for drug-related or violent criminal activity will be given more weight than
an arrest for such activity.
In making its decision to deny assistance, EHA will consider the factors discussed above.
Upon consideration of such factors, EHA may, on a case-by-case basis, decide not to
deny assistance.
Previous Behavior in Assisted Housing [24 CFR 982.552(c)]
HUD authorizes PHAs to deny admission based on relevant information pertaining to the
family’s previous behavior and suitability for tenancy.
EHA will not deny assistance to an otherwise eligible family because the family
previously failed to meet its obligations under the Family Self-Sufficiency (FSS) program
or the Welfare to Work voucher program.
EHA will deny admission to an applicant family if EHA determines that the family:
• Has a record of unsuitable past performance in meeting financial obligations,
including rent within the past three years
• Has a record of disturbance of neighbors, destruction of property, or living or
housekeeping habits at prior residences within the past five years which may
adversely affect the health, safety, or welfare of other tenants
• Has a record of eviction from housing or termination from residential programs
HCVP Administrative Plan
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within the past five years (considering relevant circumstances)
• Owes rent or other amounts to this or any other HA or owner in connection with
any assisted housing program
• Misrepresented or does not provide complete information related to eligibility,
including income, award of preferences for admission, expenses, family
composition or rent
• Has committed fraud, bribery, or any other corrupt or criminal act in connection with
any federal housing program
• Has engaged in or threatened violent or abusive behavior toward EHA personnel
Abusive or violent behavior towards EHA personnel includes verbal as
well as physical abuse or violence. Use of racial epithets, or other
language, written or oral, that is customarily used to intimidate may be
considered abusive or violent behavior.
Threatening refers to oral or written threats or physical gestures that
communicate intent to abuse or commit violence.
In making its decision to deny admission, EHA will consider the factors
discussed in above. Upon consideration of such factors, EHA may, on a case-bycase basis, decide not to deny admission.
EHA will consider the existence of mitigating factors, such as loss of employment or
other financial difficulties, before denying admission to an applicant based on the failure
to meet prior financial obligations.
HUD-Required Denials: Failure to Submit Consent Forms
EHA will not admit family if any member of the family fails to sign and submit consent
forms for obtaining information required by EHA, including Form HUD-9886. This
denial is required pursuant to 24 CFR 982.552(b).
EHA Policy on Denying Admission Based on Family History [24 CFR 982.552(c)]
Participant History Requirements
In addition to denial of admission for the reasons outlined above, EHA may deny
admission to a family if any family member:
1. Has been previously assisted under the program and was terminated for violating any
family obligation in the last 5 years;
2. Has been evicted from federally assisted housing for any reason in the last 5 years;
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3. Has ever committed fraud, bribery, or any other corrupt or criminal act in connection
with any federal housing program, or unlawfully manipulated the application process
in any way;
4. Currently owes rent or other amounts to EHA or any other public housing authority
(PHA) that receives federal housing subsidies;
5. Has not reimbursed any PHA in full for amounts paid to an owner under a HAP
contract for rent, damages to the unit, or other amounts owed by the family under the
lease;
6. Breaches an agreement with EHA to pay amounts owed to EHA, or amounts paid to an
owner by EHA;
7. Do not meet any one or more of the eligibility criteria;
8. Do not supply information or documentation required by the application process;
9. Fail to respond to a written request for information or a request to declare their
continued interest in the program;
10. Fail to complete any aspect of the application or lease-up process;
11. Having participated in the Family Self-Sufficiency (FSS) program, fails to comply,
without good cause, with the family’s FSS contract of participation;
12. Has ever engaged in or threatened abusive or violent behavior toward EHA or other
housing authority personnel, as follows:
a) “Abusive or violent behavior” includes verbal as well as physical abuse or
violence. Use of expletives that are generally considered profane, racial
epithets, or other language, written or oral, that is customarily used to insult or
intimidate, may be cause for denial; or
b) “Threatening” refers to oral or written threats, or physical gestures, that
communicate an intent to abuse or commit violence.
13. Have committed fraud, bribery, or any other corruption in connection with any
Federal housing assistance program, including the intentional misrepresentation of
information related to their housing application or benefits derived there from;
14. Has or is fleeing to avoid prosecution, custody, or confinement after conviction, for a
crime or attempt to commit a crime that is a felony or is violating a condition of
probation or parole imposed under federal or state law;
15. Have been a past participant in the Housing Choice Voucher Program and may be
determined ineligible if it is determined that the applicant either:
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A.
B.
C.
D
E
Failed to satisfy liability for unpaid rent or damages.
Vacated the unit in violation of their lease.
Failed to promptly and/or honestly supply information relating to
income, allowable deductions and family compensations.
Intentional and willfully abused the program.
Have engaged in or threatening abusive or violent behavior
towards any HA staff or residents.
In determining whether or not an applicant shall be determined ineligible and in
determining the length of the ineligibility, the Program Administrator shall
consider factors such as:
1. The seriousness of the offense.
2. The applicant’s current attitude.
3. The length and time that has lapsed since the offense.
Criminal History Requirements [24 CFR 982.552(e)]
EHA will deny admission to an applicant if a criminal background check reveals an
arrest/conviction for any family member for any of the following offenses within the time
periods specified below:
1. Methamphetamine production anywhere (not just federally assisted housing), life time ban
2. Controlled substance possession or use within three years;
3. Controlled substance delivery within five years;
4. Intent to sell drugs within five years;
5. Sexual assault – life time ban
6. Felony assault within five years;
7. Misdemeanor assault within three years;
8. Four or more assaults of any kind within the past 10 years;
9. Arson within 10 years;
10. Homicide within 20 years;
11. Burglary within two years;
12. Robbery within five years;
13. Armed robbery within 10 years;
14. Kidnapping within seven years;
15. Prostitution within five years;
16. Domestic abuse within five years;
17. Any other felony convictions within the past three years; and
18. Frequent and repeated crimes of any kind that indicate habitual criminal behavior
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Time Intervals Do Not Include Time in Jail
The intervals noted above are the time periods that must have passed after the convicted
household member was released from incarceration.
Screening for Families Exercising Portability
EHA shall use the HUD-required denials, EHA participant history requirements, and
criminal history requirements described above to screen families seeking to port-in to
EHA’s Section 8 program.
Removal from the Waiting List
An application is removed from the waiting list for the following reasons:
1. The application form or other correspondence is returned twice by the U. S. Postal
Service as “undeliverable;”
2. The applicant has submitted a duplicate application (in which case only the
application with earliest date/time stamp recorded is retained)
3. The applicant is ineligible due to income;
4. The applicant is ineligible due to U.S. citizenship and immigration status
requirements;
5. The applicant resides out of City limits and is unwilling to participate in the tenantbased program within the City limits for one year;
6. The applicant fails to appear for interviews or appointments;
7. The applicant fails to provide information requested by the EHA or to return forms
or other correspondence within a reasonable period of time as determined by the
EHA
8. The applicant refuses an offer of tenant-based assistance;
9. The applicant requests to be removed from the application waiting list;
10. The EHA denies the applicant admission to the program;
11. The applicant has not located a suitable unit within the initial period of the voucher
or within any extension(s) given;
12. The applicant is deceased;
13. Any adult member of an applicant’s proposed household does not sign a consent to
check criminal history records or does not provide fingerprints as may be needed to
process a criminal history records check;
14. As a result of a criminal history, background or activity check or for other lawful
reasons the family as constituted will be denied admission to assisted housing and
the EHA offers assistance with conditions to the family but:
a. The family does not accept the conditions, or
b. An adult member of the approved family does not sign the EHA’s agreement
specifying the conditions on assistance within a reasonable period of time;
15. The applicant is required to be removed from the waiting list or denied admission
for other reasons specified by HUD.
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Consideration of Circumstances [24 CFR 982.552(c) (2)]
In determining whether to deny or terminate assistance because of a family member’s
action or failure to act, EHA may consider all relevant circumstances such as the
seriousness of the act or failure, the extent of participation or culpability of family
members, mitigating circumstances related to the disability of a family member, and the
effects of denial or termination of assistance on other family members who were not
involved in the action or failure to act.
Notice of Standards to Applicants and Participants
EHA shall give every applicant and participant a written description of:
1. Family obligations under the program;
2. The grounds on which EHA may deny or terminate assistance because of family
action or failure to act; and
3. EHA’s informal review procedures for denial of admission to the program.
Notice to Waiting List
EHA shall notify applicants on the waiting list, who submitted pre-applications prior to
EHA establishing new standards for denying admission based on criminal background or
other aspects of family history outlined above, of the new standards for denying
admissions.
Changes in Eligibility Prior to Effective Date of Contract
Changes that occur during the period between issuance of a voucher and lease up may
affect the family’s eligibility or share of the rental payment.
Notification of Denial
Families who are determined to be ineligible will be notified in writing of the reason for
denial and given an opportunity to request an informal review, as described in Chapter
19.
OTHER CRITERIA FOR ADMISSION [24 CFR 982.552(B)]
The EHA will apply the following criteria, in addition to the HUD eligibility criteria,
as grounds for denial of admission to the program:

The family must not have violated any family obligations during a previous
participation in the Section 8 Program for three (3) years prior to final eligibility
determination. The EHA may make an exception, if the family member who violated
the family obligation is not a current member of the household on the application
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
If the EHA denies assistance to a person with a disability due to a violation of family
obligation, and the violation was the result of the disability, the applicant may request
a review of the decision to deny assistance.

The family must pay any outstanding debt owed the EHA or another PHA as a result
of prior participation in any Federal housing program.

No family member may have been evicted from federally assisted housing in the last
3 years.

The EHA may check criminal history for all adults in the household to determine
whether any member has violated any of the prohibited behaviors as referenced in
Chapter 15, “Denial or Termination of Assistance.”

The EHA may perform the following types of tenant screening activities:

 Criminal background check
 Drug related activity.
If any applicant deliberately misrepresents the information on which eligibility or
tenant rent is established, the EHA may deny assistance and may refer the family
file/record to the proper authorities for appropriate disposition.
Eligibility will be denied if any member of the family fails to sign and submit consent
forms for obtaining information required by the EHA, including Form HUD-9886 denied.
Prohibited Admissions Criteria [982.202(b)]
HUD rules prohibit denial of assistance to the program based on any of the following
criteria:
1. Age, disability, race, color, religion, sex, or national origin. (See Chapter 2 for
additional information about fair housing and equal opportunity requirements.)
2. Where a family lives prior to admission to the program;
3. Where the family will live with assistance under the program;
4. Whether members of the family are unwed parents, recipients of public
assistance, or children born out of wedlock;
5. Whether a family includes children;
6. Whether a family decides to participate in a family self-sufficiency program; or
Notice to Landlords: Not Responsible for Tenant Screening [24 CFR 982.307)]
EHA shall screen applicants for satisfaction of the program admission criteria only. EHA
does not screen for applicant or family behavior not related to participant history
requirements. EHA does not screen for suitability for tenancy. Screening for suitability is
the property owner’s responsibility. EHA has no responsibility for the family’s behavior
or conduct as tenants, and has no liability to property owners or others for the acts of
Housing Choice Voucher Program tenants.
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Information Provided to Owners
The owner is responsible for the screening and selection of any family that will occupy
the owner’s unit. Before approving a tenancy, EHA will inform the owner that screening
and selection for tenancy is the owner’s responsibility.
Upon request by the owner, EHA will give the owner:
1. The family’s current and previous address(es) as shown in EHA’s records; and
2. The name and address (if known by EHA) of the landlord at the family’s current
and previous address(es). The same information will be supplied to all owners
who request it.
EHA: Authority to Refuse Owner Requests for Screening
The EHA shall not provide criminal history information to any owner who does not
comply with approved procedures or who fails to meet all Federal, State and local
requirements with regard to obtaining, using, safeguarding and destroying such
information.
Different Standards for Project-Based Units
The screening criteria above apply to applicants for EHA’s tenant-based Housing Choice
Voucher Program. Criminal history standards for the Project-Based Program are
described in Chapter 5.
Actions outside the Scope of the EHA
The EHA does not make any determinations regarding a family’s behavior or suitability
for tenancy. However, to affirmatively further fair housing activities, the EHA may
provide assistance to applicants who have not been successful in finding housing on their
own. Although EHA employees may discuss the requirements of the Fair Housing Act
and Section 504 of the Rehabilitation Act of 1973 with the landlord and the family, EHA
staff does not recommend, negotiate, require, endorse or approve any amendment of the
lease normally used by the owner for unassisted families to accommodate a person with a
disability nor does it recommend, negotiate, require, endorse or approve any agreement
outside the lease. Such amendments and agreements may violate Fair Housing laws. The
EHA refers the landlord and the family to their attorneys, to legal aide/services or to Fair
Housing for advice on any such matters.
Admission of Additional Members to an Existing Household
The EHA, at its sole discretion, may approve the addition of persons to the assisted
family’s household at the written request of the head of household. Approval of such
additional family members does not require the family to meet any income limits.
Federal income limits are applicable only at the time of initial admission to the
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Section 8 program. Addition of an adult family member may require a HAP proration or change in the HAP pro-ration.
The EHA prohibits the addition of any person to the household who would normally
be denied initial admission to the program in accordance with Chapter 13,
Terminations and Denials, of this Administrative Plan.
An additional person may not be added to the household until he or she has met all
program requirements, including providing social security numbers, information on
citizenship status, and appropriate income release forms. The added member must
sign an appropriate verification forms.
Upon approval by the EHA, which shall always have a prospective effective date, the
new household member is immediately subject to all the requirements, and receives
all the benefits, of the assisted housing program.
In the tenant-based program, prior to allowing the addition of the household member,
the existing head of household must secure the owner’s written permission to add the
new member to the household. If this cannot be obtained, the original head of
household is given a voucher to search for housing which will accept the newly
designated household.
Family Responsibilities
Families are required to abide by the family responsibilities and obligations pertinent
to the housing program under which the family is assisted. All families are required to
report all changes in family income and composition and to request prior approval of
the EHA before adding members to the household in accordance with the program
regulations.
Prior to initial lease approval and contracting, at each annual reexamination and at
any re-contracting event all adult family members of an assisted household are
required to sign the appropriate EHA form which states the family responsibilities
and obligations for the housing program under which the family is assisted.
All adult family members of an assisted household are required to sign the form
HUD-9886, Authorization for the Release of Information / Privacy Act Notice, (or
any successor form) at the time of initial application, at each reexamination.
MISREPRESENTATION BY THE APPLICANT OR PARTICIPANT
If an applicant or Section 8 participant is found to have made willful misrepresentations
at any time which resulted in the applicant or Section 8 participant being classified as
eligible, when, in fact, they were ineligible, applicant will be declared ineligible and the
Section 8 participant will be terminated because of the act of fraud and/or willful
misrepresentation by the applicant/Section 8 participant. If such misrepresentation
HCVP Administrative Plan
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resulted in the Section 8 participant paying a lower rent than was appropriate, the Section
8 participant shall be required to pay the difference between the actual payments and the
amount which should have been paid. In justifiable instances, the HA may take such
other actions as it deems appropriate, including referring the Section 8 participant to the
proper authorities for possible criminal prosecution.
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Chapter 3
ALLOCATING EHA’S VOUCHERS: TYPES OF VOUCHERS
SPECIAL ISSUANCE VOUCHERS
[24 CFR Part 5, Subpart D; 982.54(d) (1); 982.204, 982.205, 982.206]
EHA shall make its inventory of Housing Choice Vouchers available to eligible
participants through the following avenues of distribution
1. General public waiting list;
2. Project-Based Voucher Program;
3. Tenant- Based Voucher Program; and
4. Special issuances.
This chapter describes each distribution method, primarily focusing on special issuances,
and assigns target percentages for utilization in each method. It also discusses special
purpose vouchers offered by HUD from time to time for specific families. The issuance
process for special purpose voucher programs (i.e., Welfare to Work, Family Unification
Program, Mainstream Disability Vouchers, and Opt-outs etc.) is described in Chapter 4.
A. General Public Waiting List: Tenant-Based Vouchers
EHA shall maintain a waiting list to ensure that any eligible family can receive
consideration for housing assistance in a fair, non-discriminatory, and predictable
manner. The procedures for establishing this waiting list are described in Chapter 4.
B. Project-Based and Agency-Based Voucher Programs
EHA recognizes that it is only one participant in a network of housing and service
providers serving very low-income and extremely low-income families in the Evansville
area, and promotes the coordination of services among community resources when it can
do so in a fair, open and non-discriminatory manner. To this end, EHA in 1998
established its Project-Based Voucher Program.
EHA’s Project-Based Program is described in Chapter 5 of this Plan. EHA’s Tenant Based Voucher Program is described in Chapter 6.
C. Special Issuances
EHA shall have the authority to issue vouchers to eligible families in response to specific
situations or opportunities outside of the general public waiting list, Project-Based
Program, or Tenant -Based Program, when such issuances are consistent with EHA’s
mission, are made in response to specific community needs, and are consistent with the
provisions of this Plan.
Standard categories of special issuances include:
1. Vouchers used in the Evansville Senior Housing Program, described below;
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2. Vouchers issued to residents of EHA housing as an accommodation for a person
with a disability, upon referral by EHA’s Leased Housing Director and approval
by the Executive Director, described below;
3. Exit vouchers issued to residents of EHA’s Project-Based Voucher Program and
Section 8 “Mod. Rehab.” units whose household size increases beyond HQS
occupancy standards, when no replacement unit is available in the building, as
described in Chapter 5;
4. Vouchers issued at the discretion of the Executive Director for cases of special
urgency, described below;
5. Up to 50 vouchers per year for three years, for a home-ownership program
targeting public housing residents, under the terms of a ROSS grant, or other such
home-ownership program as may be established by the EHA Commissioners in
the future.
The category of special issuances does not include vouchers provided to EHA by HUD
for specific residents of HUD-subsidized properties subject to conversion of one kind or
another (pre-payment, opt-out, etc.). These are discussed separately below.
D. Executive Director Discretion
The EHA Board delegates to EHA’s Executive Director or his designee the discretion to
offer a Housing Choice Voucher to an eligible, extremely low income family facing
immediate displacement through no fault of their own, provided funding is available and
the special circumstances are documented. Examples include:
1. City condemnation of a building for reasons of violation of health and safety codes
(not city agency redevelopment plans), when the building provides housing or shelter
to extremely low-income households, and the city requests EHA’s assistance in
relocating the occupants;
2. EHA purchase of a commercial building that happens to provide housing or shelter to
extremely low-income households, which does not meet minimum building codes or
is otherwise unsuitable for residential use; and
3. Vouchers issued to residents of EHA housing units as an accommodation for a
disability, upon referral by the EHA’s Leased Housing Director with approval by the
Executive Director.
All special issuances by Executive Director discretion shall be justified in writing by the
Leased Housing Director and approved in advance by the EHA Executive Director. EHA
shall maintain a chronological record of such issuances.
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G. Vouchers Provided by HUD for Specific Residents of Specific Units
From time to time HUD requests that EHA apply for and issue vouchers to residents
living in specific properties. In such cases, EHA shall issue vouchers to the specified
families without regard to its waiting list or percentage allocation policies described in
this Chapter.
The following are examples of types of program funding that may be designated by HUD
for families living in a specified unit:
1. A family displaced because of demolition or disposition of a public or Indian
housing project (includes relocation vouchers for EHA HOPE VI redevelopment
projects);
2. A family residing in a multi-family rental housing project when HUD sells,
forecloses or demolishes the project; and
3. For housing covered by the Low Income Housing Preservation and Resident Homeownership Act of 1990, a family residing in a project covered by a Project-Based
Voucher Program HAP Contract at or near the end of the HAP contract term.
I.
Percentage Allocation of Vouchers
Percentage Refers to Total Vouchers Leased
The percentage allocations provided below refer to the percentage of vouchers leased up
(both in Evansville and ported out), not total vouchers currently unused and available for
leasing.
Flexibility in Directing New Voucher Issuances
The percentage allocations provided below are intended to establish guidelines for EHA’s
entire Housing Choice Voucher portfolio, to be achieved over time by directing new
voucher issuances toward one category or another. With the exception of the minimum
percentage of vouchers to be issued through the general public waiting list, the
percentage allocations are guidelines and their achievement is not mandatory at any time.
The Leased Housing Director shall decide to increase or decrease new issuances in the
various categories of allocation based on:
1. The most effective strategy for achieving target levels of utilization; and
2. Other agency or community needs.
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Allocation Percentages/Numbers
EHA shall use the following guidelines in allocating its vouchers by the different
strategies described:
Program/Allocation Method
General public waiting list
Tenant -Based Vouchers
Project-Based Vouchers
Special issuances
TOTAL
Percentage of Vouchers
Minimum of 35%
Maximum of 30%
Maximum of 25%
Maximum of 10%
100%
Additional Constraints:
At least one-half of tenant-based vouchers available to EHA in any fiscal year (including
special purpose vouchers) shall be offered to applicants on the general public waiting list.
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Chapter 4
VOUCHER ISSUANCE PROCESS
[24 CFR 982.204]
It is the policy of EHA to ensure that all families who express an interest in housing
assistance are given an equal opportunity to apply and are treated in a fair and consistent
manner. This Chapter describes the structure and the order in which applicants on EHA’s
Housing Choice Voucher Program waiting list are considered, and EHA’s policies and
procedures for applying for the Housing Choice Voucher Program through EHA’s
general public waiting list.
The application process for tenant -based vouchers is described in Chapter 6, and the
application process for project-based vouchers is described in Chapter 5.
A. Family Outreach
EHA will publicize and disseminate information about the availability of housing
assistance for very low-income families on a regular basis.
EHA will communicate the status of housing availability to other service providers in the
community, and advise them of eligibility requirements and guidelines so that they can
make proper referrals for housing assistance.
B. Opening and Closing of the Waiting List [24 CFR 982.206, 982.54(d)(1); At this
time EHA’s waiting list for the Section 8 Housing Choice Voucher Program is closed
to new applications. EHA’s Executive Director may elect to open the Housing Choice
Voucher waiting list at any time.
1. If the EHA’s waiting list has sufficient applications to fill anticipated openings for the
coming 12 months, the EHA may elect to:
2. A decision to close the waiting list will consider the number of applications, the
number of applicants who qualify for a preference, if applicable, and the ability of
EHA to provide assistance in 12 months. Decisions to close the waiting lists, restrict
intake, or open waiting lists will be publicly announced.
3. When the waiting list is closed, the EHA will not maintain a list of individuals who
wish to be notified when the waiting list is re-opened.
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Opening the General Public Waiting List: Notice
EHA will give at least 30 days advance notice of the re-opening of the waiting list by
public notice in a newspaper of general circulation such as Evansville Courier, and by
notices in various newspapers serving minority communities such as Our Times
Newspaper, and other publications.
EHA will also notify housing and service providers in the Evansville area, including
public housing authorities serving adjacent jurisdictions (Henderson Housing Authority,
Mt. Vernon Housing Authority) and housing and service providers in the Evansville area,
including agencies which serve individuals with disabilities.
The notice will contain:
1.
2.
3.
4.
5.
6.
7.
The dates, times, and the locations where families may apply;
The programs for which applications will be taken;
Limitations, if any, on who may apply;
EHA’s address and telephone number;
How to submit an application; and
Information on eligibility criteria and local preferences.
The notices will be made in an accessible format upon request by a person with
disabilities, as a reasonable accommodation.
Lottery Option
Upon re-opening the waiting list after a closure, EHA may assign positions on the
waiting list to new applicants using any fair means, including “by lottery,” i.e., assigning
random numbers to all families who submit applications within a given time period, and
then considering their applications in the order of the random numbers assigned to them.
Random numbers thus assigned shall replace date and time of application for the purpose
of structuring the order in which applications are considered.
Open Period
The open period shall be long enough to achieve a waiting list adequate to cover
projected turnover and new allocations of vouchers for a period between 6 and 24 weeks,
as determined by the EHA Executive Director or designated staff.
Closing the Waiting List: Notice
If EHA again re-opens the waiting list for an indefinite period, it may decide to close it
again by EHA board resolution. EHA will give at least 30 day notice to the community
by public notice in a newspaper of general circulation such as Evansville Courier and by
notice in various newspapers serving minority communities such as Our Times Magazine,
and other publications. EHA will also notify housing and service providers in the
Evansville area, including public housing authorities serving adjacent jurisdictions
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(Henderson Housing Authority, Mt. Vernon Housing Authority) and agencies serving
individuals with disabilities.
The Evansville Housing Authority shall give preference to applicants on the general
public waiting list for the Housing Choice Voucher Program, as described below:
First priority shall be given to the following (equally assigned): Based on time and date
of application only.
After Initial Waiting List Contact, Assistance is Based on Date Application Process is
Completed
After the point of initial contact with an applicant on the waiting list, housing assistance
will be offered to applicants in the order in which they complete the application process.
Public Notice for Changes in Preferences
EHA will provide notice to the public when changing its preference system using the
same guidelines as those for opening and closing the waiting list.
Income Targeting
In general, EHA exceeds the income targeting requirements for the Housing Choice
Voucher Program, through the natural operation of its local preferences described above.
EHA shall review the income levels of current program participants at least annually to
determine that at least 75 percent of the participants and at least 75 percent of new
voucher issuances are provided to families at or below 30 percent of area median income
as determined by HUD.
The EHA may limit issuance by:
1. Reviewing application questionnaires and selecting for initial interview only those
families whose self-reported income on the questionnaire meets the income targeting
requirements, and by
2. Postponing or “freezing” the issuance of vouchers to families who do not meet income
targeting requirements after the family has been interviewed and family income has been
verified.
Families who do not meet income targeting requirements retain their date and time
placement on the waiting list and are advised in writing that the processing of their
application is being placed on hold. Such families are also advised to notify the EHA if
there is a change in family income which would qualify them as income targeted
families.
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The Executive Director at his sole discretion, based on the recommendation of the
Section 8 Director, determines at what times and under what conditions the EHA shall or
shall not issue vouchers to families other than income targeted families (non-targeted
families). The Executive Director has discretion to limit the issuance of vouchers to nontargeted families to a certain number of applicants, to a certain period of time or to use
other means of limiting voucher issuance so long as when the limitation measures are
lifted non-targeted families are serviced in order of their overall date and time placement
on the waiting list with respect to all other applicants.
Any decision to limit the issuance of vouchers to only targeted families is a discretionary
administrative decision which is not subject to the informal review process.
Notwithstanding all of the above elements of this section, once the EHA has issued a
voucher, the EHA may not rescind the voucher, shorten the term of the voucher, and
refuse to extend the voucher, or delay or refuse preparation or execution of a legitimate
HAP Contract for any reason or purpose related to income targeting.
Verification of Preference Qualification/Preference Denial [24 CFR 982.207]
Local Preference:
EHA administers is Housing Choice Voucher waiting list by Application time and date
only.
Federal Preferences:
The EHA does not employ Federal preferences in administering its assisted housing
programs.
Other Preferences
If HUD requires that the EHA provide certain preferences or target certain populations as
a condition of receiving funding, or if specific preferences or targeting is required to meet
the conditions of a particular ACC or HUD grant, such preferences and targeting
requirements are considered to be incorporated into this Administrative Plan effective
with the signing of the ACC or upon formal acceptance of the terms of the grant or
funding by the EHA Board of Commissioners, or by the Executive Director if so
empowered by the Board.
Other Housing Assistance [24 CFR 982.205(b)]
Other housing assistance means a federal, state or local housing subsidy, as determined
by HUD, including public housing.
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EHA may not take any of the following actions because an applicant has applied for,
received, or refused other housing:
1. Refuse to list the applicant on the EHA waiting list for tenant-based assistance;
2. Deny any admission preference for which the applicant is currently qualified;
3. Change the applicant’s place on the waiting list based on preference, date and time
of application, or other factors affecting selection under EHA selection policy; or
4. Remove the applicant from the waiting list.
C. Selection Process for Special/Targeted Vouchers
EHA shall carefully observe the eligibility and tenant selection requirements for targeted
vouchers, as they are described in the HUD Notice of Funding Availability (NOFA)
announcing the availability of the vouchers, and in HUD award letters. EHA shall also
carry out the commitments it makes in its grant applications submitted to HUD in
response to NOFAs for targeted vouchers.
EHA currently is responsible for the following voucher programs which carry additional
eligibility requirements and in some cases unique selection processes:
HOPE VI Relocation Vouchers
In anticipation of EHA receiving relocation vouchers for LIPH families living in units
slated for demolition as part of EHA’s HOPE VI redevelopment projects. Preferences do
not apply.
If a HOPE VI relocation family is terminated from the Housing Choice Voucher
Program, the voucher becomes a regular EHA Tenant based voucher available for any
use consistent with this Plan.
Enhanced Vouchers
EHA administers enhanced vouchers for residents living in specific Section 8 optOut/prepayment buildings, for the period of time in which the original residents continue
to live in the building. The vouchers are “enhanced” in that the family is assured it will
not pay a higher portion of its income on housing expense than it did at the time the
building opted out of the Section 8 program. When the original residents move out, they
are issued a regular Housing Choice Voucher. Local preferences do not apply.
D. Cancellation/Reinstatement Policies [24 CFR 982.204(c)]
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Requirement to Provide Current Mailing Address [CFR 982.204]
If a letter is returned by the Post Office, the applicant will be removed from the waiting
list without further notice, and the envelope and letter will be maintained in the file.
Applicants are required to inform EHA in writing of changes in address. Applicants are
also required to respond to requests from EHA to update information on their application
and to confirm their interest in assistance. Failure to do so may result in removal of their
applications from the waiting list.
Any mailings to an applicant which require a response will state that failure to respond
within 10 business days will result in the applicant’s name being removed from the
waiting list. If the applicant fails to respond by the deadline stated in the written notice,
the applicant will be removed from the waiting list without further notice.
Applicant’s Failure to Respond
Applications are withdrawn if the applicant fails to respond to notices, questionnaires or
other correspondence mailed by the EHA to the address indicated as applicant’s place of
residence or mailing address at the time of initial application (or to any subsequent
address the applicant may have supplied). In cases of non-response the EHA provides a
second and final notice to the applicant advising that failure to respond within 10 days
will result in withdrawal of the application. The same notice will contain any HUD
required notification of any appeal process which may be due the applicant.
Purges
The general public waiting list may be purged from time to time at the discretion of the
Leased Housing Director, based on an assessment of the vitality of the current waiting
list. The purge will be conducted by a mailing to all applicants that will ask for
confirmation within 30 days of continued interest in obtaining a Housing Choice
Voucher. Applicants who fail to respond within the specified time period will be removed
from the waiting list without further notice.
Reinstatement of Cancelled Applications
Applicants whose applications have been cancelled for failure to respond to a written
notice may request reinstatement if:
1. There is evidence that the applicant never received the notice;
2. There is evidence of EHA error;
3. The Admissions Officer determines that circumstances beyond the applicant’s control
prevented timely response to the notice (e.g., death in the family, hospitalization); or
4. There is evidence that the applicant is now able to complete the application process in
a timely fashion (e.g., now has a case manager or other support services that will
assist the applicant in the application process).
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No applications will be reinstated after 6 months from a deadline to respond, unless the
Admissions Officer determines that the applicant’s failure to respond is caused by
documented EHA error.
Appeals of the Admissions Officer’s decision not to reinstate a canceled application may
be made in writing to the Leased Housing Director, who will make the final decision.
Reinstated Applications: Priority for Funding
Reinstated applications shall be offered a voucher on the same timeline as other
applications with the same preference and/or the same date of application, if funds are
available.
However, all applications in progress as of the date of reinstatement shall have priority
for funding over the reinstated application, even if they were submitted after the
reinstated application’s initial date of application. If funds are not available at the time of
reinstatement after all applications in progress are offered a voucher, the reinstated
application shall remain on the top of the waiting list until such time as vouchers are
available for applications with the same or later dates of initial application.
E. Pre-Application Process
When the waiting list is open, any family asking to be placed on the waiting list for
Housing Choice Voucher rental assistance will be given the opportunity to submit a
completed pre-application. No family shall be prevented from submitting this form
because of apparent ineligibility.
The pre-application packet shall contain information on how to apply for all EHA
housing programs, and may be made available in alternate formats upon request by a
person with a disability.
The pre-application establishes the family’s date and time of application for placement
order on the waiting list, or for establishing the date/time segment within which EHA
shall order the waiting list using random numbers. The pre-application records any local
preference claimed by the applicant family, and gathers information about the family’s
eligibility for available Special Voucher Programs (e.g., Designated Housing vouchers,
Opt-out vouchers, etc.).
The pre-application is to be filled out by the applicant whenever possible. However, EHA
staff may complete the form on behalf of the applicant upon request as a reasonable
accommodation for a disability.
Obtaining and Submitting the Pre-Application
Families may obtain an application packet, including the pre-application, by:
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1. Telephoning the Leased Housing Department and requesting that an application
packet be mailed to them; (during enrollment periods only)
2. Visiting Leased Housing Department (at 411 8th Street, Evansville, Indiana 47713)
during regular business hours and picking one up; or
3. Downloading the application materials from EHA’s Web site when available.
www.evansvillehousing.org
Applicants may submit the pre-application in person or by mail, or may apply online at
EHA’s Web site when the online application program is available. EHA will not accept
faxed pre-applications, or pre-applications that are incomplete or illegible.
Application Information and Assistance
A complete Application Guide for all EHA programs is available in print from the Leased
Housing Department and on the EHA Web site. www.evansvillehousing.org
Applicants may obtain assistance in completing the pre-application by visiting Leased
Housing Department.
Duplicate Applications
Families who submitted duplicate applications during the open enrollment period will be
processed based on the earliest application submitted based on date/time status that is
recorded. All other applications are invalid and are withdrawn without notice to the
family.
Application Made by a Minor
If a minor makes an application on his/her own behalf, but not, thereby, duplicating any
application made by other family members, the minor’s individual application will stand
until the interview date at which time the applicant must have reached the age of 18 or be
an emancipated minor. If the applicant is not an emancipated minor or has not reached
the age of 18 at the time of the interview, the application is withdrawn.
F. Issuance Process
Summary of Issuance Process
When a family reaches the top of the waiting list, EHA shall make a preliminary
determination of eligibility based on the pre-application information. If the family
appears to be eligible, the family will be invited to attend an issuance interview, at which
time the family must submit documents required to verify household income, family
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composition, and the applicability of any claimed preference/local preference. After the
family has submitted all required documentation of income and family composition, EHA
shall complete a criminal/credit check on the family. Provided the criminal/credit check
is satisfactory, the family will be invited to a family briefing, after which it can pick up
its voucher and begin its housing search.
Processing Applications for Admission:
Scheduling the Issuance Interview
The invitation to the issuance interview shall be provided in writing, and shall include
information on the assigned date and time of the interview.
The invitation shall be provided in an accessible format upon request, as a reasonable
accommodation for a person with a disability.
Applicants who cannot attend on the assigned date of the issuance interview may be
given one opportunity to reschedule it.
EHA shall provide language interpreters to families who request them in writing when
the interview is scheduled.
An applicant with a disability may request a private issuance interview at Leased
Housing Department or at a more accessible location, as a reasonable accommodation.
1. Verification Process:
The following items will be verified to determine qualification for admission to the
HA’s HCV program.
a. Family composition
b. Eligibility of higher education student head of household
c. Annual income: Income verification will be conducted in the chronological order
listed in Attachment A”. Each step must be documented prior to proceeding to the
next option. The specific order must be followed.
d. Assets and Asset Income; same as income (start with 2nd step)
e. Deductions from Income; same as income (start with 2nd step)
f. Preferences; Same as income (start with 2nd step)
g. Social Security Numbers (SSN) of all Family Members; Families are required to
provide SSNs for all family members age 6 and older, prior to admission, if they have
been issued SSN by the Social Security Administration. All members of the family
defined above must either:

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
Sign a certification if they have not been assigned a SSN. If the individual is
under 18, his or her parent or guardian must execute the certification. If the
participant who has signed a certification form obtains a SSN, it must be
disclosed at the next regularly re-examination, or next rent change.

Verification will be done through the providing of a valid Social Security
card issued by the Social Security Administration.
h. All other required documentation for admissions. See Chapter 8 Verifications.
2. Applicants reporting zero income will be asked to complete a family expense form to
document how much they spend on: food, transportation, health care, child care, debts,
household items, etc. and what the source of income is for those expenses.
3. The HA’s applications for admission HCV shall indicate for each application the
date and time of receipt applicant’s race and ethnicity; determination by the HA as to
eligibility of the applicant; when eligible, the bedroom size(s) for which eligible;
preference, if any. The date, location, identification, and circumstances of each
vacancy offered and accepted or rejected must be maintained.
Final Application Mailed Out Before Issuance Interview
Prior to the issuance interview, EHA shall provide the applicant with a packet including
the full, final application and instructions on documents the family must bring to the
interview in order to verify the information on the final application. The full application
will be completed when the applicant attends the interview.
The applicant is expected to complete the full application in his or her own handwriting,
prior to or in the issuance interview, unless a request for accommodation is made by a
person with a disability for special assistance in filling out the application.
Format of Issuance Interview
Issuance interviews may be conducted in a group format.
The head of household, co-head, or spouse is required to attend the interview, and
provide certifications needed for the family.
Applicants (with or without a disability) may bring family members, case-managers or
advocates with them to the issuance interview, who may assist them with the application
process, but only with the permission of the applicant.
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Required Releases of Information
All adult members must sign the HUD Form 9886, Release of Information, the
application form and all supplemental forms required by EHA, and any other documents
required by EHA.
Applicants will be required to sign specific verification forms for information that is not
covered by the HUD Form 9886. Failure to do so will be cause for denial of the
application for failure to provide necessary certifications and release as required by EHA.
Every adult household member must sign a consent form to release criminal, credit, and
rental history records and to allow EHA to receive records and use them in accordance
with HUD regulations.
Applicants who wish to have case-managers, advocates or other intermediaries act on
their behalf must sign a release of information authorizing EHA staff to discuss their
application information with the intermediary.
Completing the Final Application after the Issuance Interview
If EHA determines at or after the interview that additional information or document(s)
are needed, EHA will request the document(s) or information in writing. The family will
be given 10 business days to supply the information.
If the information is not supplied within this time period, EHA will cancel the application
for non-response. The reinstatement policy described above will apply to applications
cancelled for not responding to requests for information.
Resubmission of Outdated Income Documentation
As a general rule, income information must be current within 60 days of the date of
issuance of a voucher, although some documents may have different standards of
currency, as described in Chapter 8, Verification Procedures. Applicants may have to resubmit documentation if the documentation previously submitted is no longer current
according to the standards described in Chapter 8.
Verification of Information [24 CFR 982.201(e)]
Information provided by the applicant will be verified, using the verification procedures
in Chapter 8, Verification Procedures. Family composition, income, allowances and
deductions, assets, full-time student status, eligibility and rent calculation factors, and
other pertinent information will be verified.
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SPECIAL POINT OF INTEREST: ONLY INCOME, AS IT RELATES TO
FINANCIAL CONTRIBUTIONS FROM FAMILY MEMBERS AND/OR FRIENDS,
REPORTED TO LEASING AGENT DURING THE INITIAL-WAITING LIST
APPLICATION, AND TO S-8 HOUSING SPECIALIST FOR ANNUAL
REEXAMS, AND SUBMISSION OF MOVE DOCUMENATTION, AND/OR LEASE
TERMINATIONS, WILL BE USED TO DETERMINE THE AMOUNT OF RENT THE
FAMILY IS ELIGIBLE FOR (BASED ON THE 40% RULE). FAMILIES WILL NOT
BE ALLOWED TO REPORT INCREASES TO THAT TYPE INCOME, ONLY AS A
MEANS OF BEING ABLE TO RENT A CERTAIN UNIT (WHICH THE FAMILY
WOULD OTHERWISE BE INELIGIBLE TO RENT--40% RULE. (THIS
PARAGRAPH DOES NOT CHANGE THE REQUIREMENT TO REPORT
INCREASES IN INCOME.
Criminal Check
After an applicant’s file is complete with respect to income documentation and other
elements of eligibility, EHA will order a criminal check for the applicant. If the criminal
check reveals criminal history that does not meet EHA’s standards for suitability/criminal
history outlined in Chapter 8, EHA will notify the applicant in writing that the application
is denied based on criminal history, and provide information on how to request an
informal review as described in Chapter 19.
Family Briefing and Voucher Issuance
After an applicant household has cleared the criminal history check, the family will be
invited to the next available family briefing session, at which time they will pick up their
voucher. The briefing is mandatory; no family will be issued a voucher until they have
attended one. Voucher briefings are described in Chapter 9.
G. Changes in Income and Family Composition Prior to Lease-Up
Limitation Due to Inadequate Income
To prevent families from renting units for which the family income is clearly inadequate
to pay rent and utilities, regardless of whether or not the unit gross rent exceeds the
voucher payment standard, the EHA will not approve a tenant-based HAP Contract if,
after any required pro-ration of HAP, the tenant rent plus the allowances for utilities paid
by the family exceeds the monthly gross income of the family prior to any income
exclusion.
Because conversion of food stamps to cash is illegal, the cash value of food stamps shall
not be counted when determining the family’s monthly gross income in accordance with
this section.
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Family Notification Requirement
The family is required to provide to the EHA a copy of any letter or notification to a
family member that provides information concerning the amount or verification of family
income.
H.
Separation without Prior Agreement Regarding Section 8 Benefits
A participant in the Section 8 and other assisted housing programs has property rights to
the voucher. Therefore, if the family separates without agreement and only one of the
parties signed the original application, the voucher is awarded to the original signer of the
application.
If both separating parties signed the original application, the voucher shall remain with
the party who remains in the assisted unit.
Split Households after Pre-Application and Prior to Voucher Issuance
When a family on the waiting list splits into two otherwise eligible families due to
divorce or legal separation, EHA shall give the two new families adjacent placement on
the waiting list. (This rule does not apply to boy/girl friend, common law /significant
other relationships). The head of household will be the only person considered for
issuance of this voucher
The family must make a written request for separate applications, and provide: 1)
documentation of the legal separation or divorce; and 2) an explanation of how the
remaining family members, if any, will be divided among the two new households. Any
grant awards or other income provided to the household members must logically
represent household composition.
If a court determines the disposition of property between members of the applicant or
assisted family in a divorce or separation decree, EHA is bound by the court's
determination of which family members continue to receive assistance.
In the absence of a judicial decision or an agreement among the original family members, EHA
will determine which family retains their placement on the waiting list, or will continue in
occupancy taking into consideration the following factors: (1) the interest of any minor children,
including custody arrangements, (2) the interest of any ill, elderly, or disabled family members,
(3) any possible risks to family members as a result of domestic violence or criminal activity, and
(4) the recommendations of social service professionals.
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Remaining Member of Tenant Family-Retention of Voucher [24 CFR 812.2-definitions]
To be considered the remaining member of the tenant family, the person must have been
previously approved by the HA to be living in the unit.
Household members such as live-in aides, foster children, and foster adults do not qualify
as remaining members of a family.
In order for a minor child to continue to receive assistance as a remaining family
member:
1.
The court has to have awarded emancipated minor status to the minor, or
2.
The HA has to have verified that social services and/or the Juvenile Court
has arranged for another adult to be brought into the assisted unit to care
for the child(ren) for an indefinite period.
A reduction in family size may require a reduction in the voucher size.
Allocation of Assistance When an Assisted Family Lacks, at Least One Member of
Majority Age:
If the only remaining member(s) of an assisted family is/are (a) minor(s) (due, for
example, to a custodial parent’s death or absence from the unit for a definite or indefinite
period of time beyond that set forth in this chapter the EHA may, at its sole discretion,
allocate the former voucher holder's Section 8 assistance to a person who was not
previously part of the assisted family but who has gained legal custody of the minor(s)
(such as a formerly non-custodial parent or a grandparent).
If EHA does not so allocate the former voucher holder's Section 8 assistance, EHA will
notify the minor(s) residing in the unit that the HAP contract has automatically
terminated upon the death, or absence of the sole assisted family member of majority age,
and that HAP payments are being terminated.
Split Households after Issuance and Before Lease-Up [24 CFR 982.315]
In those instances when a family assisted under the Housing Choice Voucher Program
becomes divided into two otherwise eligible families due to divorce, legal separation, or
the division of the family, and the new families cannot agree as to which new family unit
should continue to receive the assistance, and there is no determination by a court, the
Leased Housing Director shall consider the following factors to determine which of the
families will continue to be assisted:
1) Which family member was the head of household when the voucher was initially
issued (listed on the initial application);
2) The composition of the new family units, and which unit contains elderly or
disabled members;
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3)
4)
5)
6)
Which of the two new family units has custody of dependent children;
Whether domestic violence was involved in the breakup;
Which family members remain in the unit; and
Recommendations of social service professionals.
Documentation of these factors will be the responsibility of the requesting parties.
If documentation is not provided, EHA will terminate assistance on the basis of failure to
provide information necessary for a determination of eligibility.
3- GUESTS [24 CFR 5.100]
A guest is defined as a person temporarily staying in the unit with the consent of a tenant
or other member of the household who has express or implied authority to so consent on
behalf of the tenant.
The lease must provide that the tenant has the right to exclusive use and occupancy of the
leased unit by the members of the household authorized to reside in the unit in
accordance with the lease, including reasonable accommodation of their guests [24 CFR
966.4(d)]. The head of household is responsible for the conduct of visitors and guests,
inside the unit as well as anywhere on or near EHA premises [24 CFR 966.4(f)].
A participant family must notify EHA when overnight guests will be staying in the unit
for more than 3 days. A guest can remain in the unit no longer than 14 consecutive days
or a total of 30 cumulative calendar days during any 12-month period.
A family may request an exception to this policy for valid reasons (e.g., care of a relative
recovering from a medical procedure expected to last 20 consecutive days). An exception
will not be made unless the family can identify and provide documentation of the
residence to which the guest will return.
Children who are subject to a joint custody arrangement or for whom a family has
visitation privileges, that are not included as a family member because they live outside
of the assisted unit more than 50 percent of the time, are not subject to the time
limitations of guests as described above. Additionally, in a joint custody arrangement, if
the minor is in the household less than 181 days per year, the minor will be considered to
be an eligible visitor and not a family member.
Former household members who have been evicted are not permitted as overnight guests.
Non-household members who represent the unit’s address as their residence address for
receipt of benefits or other purposes will be considered unauthorized occupants.
Statements from neighbors and/or the landlord will be considered in making the
determination. Use of the unit address as the visitor's current residence for any purpose
that is not explicitly temporary shall be construed as permanent residence.
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Any adult not included on the HUD 50058 who has been in the unit more than 14
consecutive days without EHA approval, or a total of 30 days in a 12-month period, will
be considered to be living in the unit as an unauthorized household member.
Absence of evidence of any other address may be considered verification that the visitor
is a member of the household.
The burden of proof that the individual is a visitor rests on the family. In the absence of
such proof, the individual will be considered an unauthorized member of the household
and EHA will terminate assistance, since prior approval was not requested for the
addition.
Minors and college students who were part of the family but who now live away from
home during the school year and are no longer on the lease may visit for up to 150 days
per year without being considered a member of the household.
In a joint custody arrangement, if the minor is in the household less than 181 days per
year, the minor will be considered to be an eligible visitor and not a family member.
Participants can not violate their terms of their lease if the lease is more restrictive than
the Authority’s guest policies.
I. CHANGES IN ELIGIBILITY PRIOR TO EFFECTIVE DATE OF THE CONTRACT
Changes that occur during the period between final eligibility determination and executed
Contract date will affect eligibility and/or level of benefits for the Housing Choice
Voucher Programs. Consequently, families are required to report changes in family
circumstances within (10) ten business days to the HA. If an applicant family is no
longer eligible, they will be notified of the ineligible status in writing, and an informal
review will be offered consistent with procedures outlined in this plan.
NOTE: All participating families will be provided a copy of the Housing Choice
Voucher, Statement of Family obligations, Lease, change forms, a new lease when
offered by the landlord etc., initially, upon coming onto the program and annually,
Any additional copies requested by the families and/or landlords, will be provided at
$0.25 per copy.
J. MISSED APPOINTMENTS FOR APPLICANT OR PARTICIPANT
Missed Appointment Without Notification:
An applicant or person receiving assistance who fails to keep an appointment without
notifying the HA and without re-scheduling the appointment shall be sent a notice of
termination of the process or assistance for failure to supply such certification, release of
information or documentation as the HA or HUD determines to be necessary (or failure
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to allow the HA to inspect the dwelling unit at reasonable times and after reasonable
notice, if applicable) in the following situations:









Complete application
Bringing in verification information
Program Briefing
Leasing Signature Briefing
HQS Inspections
Recertification
Interim adjustment
Other appointments or requirements to bring in documentation as listed in this
plan
Scheduled counseling sessions
2. Process when Appointment(s) are missed: For most of the functions above, the family
may be given two appointments. IF A FAMILY FAILS TO COME INTO THE OFFICE
TO COMPLETE AN APPLICATION FOR THE ANNUAL RENEWAL OF THEIR
RENTAL ASSISTANCE, AFTER TWO (2) NOTICES, THEY WILL FORFEIT THE
ADVANCE NOTICE OF PENDING CHANGE AND WILL THEREFORE BE
REQUIRED TO PAY INCREASED RENT, BASED ON INCREASED INCOME OR
INCREASED RENT AMOUNT, ON THE EFFECTIVE DATE OF RENEWAL. If the
family does not appear or respond to the second letter for reschedule of the
appointment(s) required, the HA may begin the termination process. The applicant or
participant will be given an opportunity for an informal review or hearing pursuant to
Chapter 19.
If the representative of the EHA makes a determination in favor of the applicant or
participant, the EHA will comply with decision unless the EHA is not bound by a
hearing decision concerning a matter for which the EHA is not required to provide
an opportunity for a hearing pursuant to 24 CFR 982.554(c) and 982.555(b).
3.
Letters Mailed to Applicants by the EHA: If an applicant claims they did not
receive a letter mailed by the EHA that requested the applicant to provide
information or to attend an interview, the HA will determine whether the letter was
returned to the EHA. If the letter was not returned to EHA, the applicant will be
assumed to have received the letter.
Applicants must notify the EHA, in writing, if their address changes during the
application process.
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Cancellation and Reinstatement of Applications for Non-Response/No Show
Applicants who miss the initial issuance interview appointment may request to
reschedule it, once. The request must be made within 10 business days following the
original interview date. If an applicant misses the scheduled interview and does not
request to reschedule the interview, or misses the second interview, EHA will cancel the
application.
EHA shall follow the cancellation/reinstatement policy described above for applicants
who fail to respond to a written notice of an interview appointment, or fail to show up for
their scheduled interview.
Denial of an Application Based on Information on Pre-Application
If the family is determined to be ineligible based on the information provided in the preapplication, EHA will notify the family in writing (in an accessible format upon request
as a reasonable accommodation), state the reason(s), and inform them of their right to an
informal review, as described in Chapter 19.
Applicant Denied because they are Younger than Age 18
Applicants who are not eligible because they are younger than 18 years old will be
withdrawn from the Section 8 waiting list and may reapply in the future.
K.
Suspension of Activity
The EHA may at any time suspend the processing of applications and suspend issuing or
extending certificates or vouchers if it appears that funding will be insufficient to
administer such certificates or vouchers. The EHA may resume such activities when it
determines that sufficient funding will be available.
MISREPRESENTATION BY THE APPLICANT OR PARTICIPANT
If an applicant or Section 8 participant is found to have made willful misrepresentations
at any time which resulted in the applicant or Section 8 participant being classified as
eligible, when, in fact, they were ineligible, applicant will be declared ineligible and the
Section 8 participant will be terminated because of the act of fraud and/or willful
misrepresentation by the applicant/Section 8 participant. If such misrepresentation
resulted in the Section 8 participant paying a lower rent than was appropriate, the Section
8 participant shall be required to pay the difference between the actual payments and the
amount which should have been paid. In justifiable instances, the HA may take such
other actions as it deems appropriate, including referring the Section 8 participant to the
proper authorities for possible criminal prosecution.
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ATTACHMENT A”
CHRONOLOGICAL INCOME VERIFICATION PROCESS
ACTION STEPS
1st Up-front income verification (UIV)/Enterprise Income Verification (EIV), Work
Number). If desired information is NOT obtained go to next step.
2nd Third party written verification. Send standard income verification to income
source(s). May be sent by mail for fax.
NOTE: If a desirable response is not received in a timely manner a 2nd letter may be sent
but not required in all cases. If desired information is NOT obtained go to next
step.
3rd Third Party oral verification (documented to file). This could be via phone or
interview by staff. A written record of this contact should be prepared by the HA that
includes: date/time of contact, name and source of information, the HA staff person,
summary of information provided, and the reason for using oral verification. If desired
information is NOT obtained go to next step.
4th Document Review: Participant file documentation may include a record of
documentation reviewed by the HA staff which supports the family’s statement. If
possible, original copies (not photocopies) of supporting documents should be reviewed,
thought the HA should photocopy the document(s) (unless prohibited by law) and place
in the applicant’s file. The HA staff reviewing the document(s) should prepare a
summary of the information and sign/date this summary. This summary should include
the reason for using document review as verification and again, if possible, the HA
should follow-up with a third party to obtain written verification letter. If desired
information is NOT obtained go to next step.
5th Family Declaration or Certification: When all other forms of verification are
impossible to obtain, the HA can obtain a notarized statement or signed affidavit from the
family, attesting to the accuracy of the information provided. The applicant’s file should
clearly document why other forms of verification were impossible to obtain. Please note
that this type of documentation should rarely be used and should not be used merely for
the convenience of the applicant or the HA, or where the applicant cannot provide the
necessary information.
NOTE: Use to verify required information; however, may require reverification in three months or less.
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Chapter 5
EHA HOUSING CHOICE VOUCHERS PROJECT-BASED PROGRAM
A. Goals
EHA Commissioners created EHA’s Housing Choice Voucher (Section 8) Project-Based
policy to achieve three broad goals:
1) To expand the affordable housing stock;
2) To increase the affordability of housing currently not affordable to households
below 30 percent of the area’s median income; and
3) To preserve the affordability of existing affordable housing for households below
30 percent of the area’s median income.
EHA may enter into contracts for Project Based assistance based on the rules in this
chapter.
B. Project Selection Criteria
EHA considers the following project selection criteria in evaluating proposals to projectbase Housing Choice Vouchers:
1. Housing that serves families with children, consistent with the needs indicated by
EHA’s public housing and Housing Choice Voucher Program waiting lists and/or
other documented needs;
2. Housing that serves homeless households;
3. Housing that serves households with special needs, including, but not limited to:
a) People with mental and/or developmental disabilities;
b) People with physical and/or sensory disabilities;
c) Domestic violence survivors;
d) Recent immigrants for whom language is a barrier to utilizing the tenant based
program; and
e) Young adults aging out of foster care.
4. Housing that reduces concentrations of poverty and/or need by:
a) Being sited in census tracts with a lower-than-average percentage of
b) Housing Choice Voucher Program tenant-based vouchers;
c) Serving very low-income populations within mixed-income developments; or
d) Reducing concentration of poverty/need in existing buildings and developments.
5. Housing that provides opportunities to increase the diversity of Evansville’s
neighborhoods;
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6. Housing that combines an appropriate level of support services to residents;
7. Housing that commits to best efforts to serve extremely low-income households
(below 30 percent of the area’s median income) for the life of the project;
8. Housing that increases access to high-performing public schools;
9. Housing that provides opportunities for economic self-sufficiency; and
10. Housing that maximizes the use of other funding sources and leverages the use of
Housing Choice Voucher Program funds.
EHA will also give consideration to proposals for tenant-owned and tenant-managed
projects that lead to tenant ownership.
C. Eligible Owners of Project-Based Housing
EHA will project-base Housing Choice Voucher Program assistance in projects owned
by:
1. Evansville Housing Authority;
2. Non-profit housing providers;
3. For-profit housing providers; and
4. Other housing authorities in the Evansville Metropolitan Area.
D. Project Selection
EHA will make Housing Choice Voucher Program funding available to non-profit and
for-profit entities through a competitive process, such as the RFP, and other city selection
processes described below. EHA may also make funding available to projects in response
to a request by local government. EHA Request for Proposals (RFP) Process from time
to time EHA may issue a formal Request For Proposals (RFP) inviting proposals for
projects that seek commitments of project-based vouchers that meet the goals of EHA’s
project-basing policy. Specific project selection criteria (from list in Section B., above)
shall be selected by EHA based on its assessment of current needs and
opportunities, and shall be described in the RFP, along with numerical weights indicating
the priority of each selection criteria chosen. The RFP process shall be conducted by
EHA’s Procurement Department and shall include a panel of evaluators representing both
EHA’s staff and members of the community with an interest in low-income housing.
EHA may establish minimum threshold criteria for sponsors participating in the projectbased
program (e.g., minimum standards for most recent audit of sponsoring organization), and
a minimum score based on numerically weighted criteria. Each RFP response shall be
scored according to the weighted selection criteria identified in the initial RFP, and the
projects ranked from highest to lowest score until the budget authority allocated for the
RFP round is committed.
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All projects awarded project-based Section 8 subsidy must be developed and operated in
a manner consistent with HUD regulations which specifically modify applicable HUD
regulations. Awards of project-based subsidy are subject to approval of the EHA
Executive Director.
Income Targeting – Project-based Programs
If the EHA determines that admission of a non-targeted family to a project or projectbased program will result in the project (or program) being unable or unlikely to meet
income targeting requirements for the EHA’s fiscal year, the EHA may deny admission
of non-targeted families to that project or project-based program until the project has
admitted a sufficient number of targeted families to insure, to the EHA’s satisfaction, that
targeting requirements for the fiscal year will be met.
New Project-Based Family Projects
New project-based commitments are subject to the availability of adequate federal
funding for EHA’s Section 8 Housing Choice Voucher Program.
EHA is authorized to project-base Section 8 Housing Choice Vouchers at otherwise nonsubsidized units owned by EHA that meet HQS standards.
“Non-subsidized” refers to the absence of other operating subsidy (i.e., public housing
ACC funds), not capital subsidy or subsidy for supportive services.
HOPE VI Replacement Housing
Properties with project-based units that serve as replacement housing for demolished
Public Housing units associated with EHA’s HOPE VI redevelopment efforts shall be
solicited or selected according to the HOPE VI plan and any restrictions by the City of
Evansville City Council relating to those developments.
Project-based replacement units are not included in the portion of the Housing Choice
Voucher Program allocated to EHA’s Project-Based Program identified in this
Administrative Plan.
E. Maximum Gross Rents/Payment Standards
HOPE VI Replacement Units and Other Project-Based Units Owned by EHA
The maximum gross rent (rent plus utilities) for Housing Choice Voucher Program
Project-based subsidy in EHA-owned housing will be based on an analysis of the
development and operating costs of the project. The payment standard for EHA-owned
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units shall not exceed market rent for comparable unassisted units, unless a higher
payment standard is approved by the Board.
Non-EHA-Owned Units (City-Funded Units, RFP Units, HOPE VI Replacement
Housing Partnership Units)
Units with no EHA-provided capital subsidy (i.e., long term lease on land, below market
financing, other capital subsidy)
The maximum gross rent (rent plus utilities) for project-based units owned by non-profit
and for-profit housing providers, when EHA has provided no capital subsidy, shall be the
lower of the current payment standard applied to the same size units in the EHA tenantbased Housing Choice Voucher Program, or the market rent for comparable unassisted
units as determined by EHA.
Units which have also received capital subsidy from EHA
.
The maximum gross rent (rent plus utilities) for project-based units owned by non-profit
and for-profit housing providers, when EHA has provided a capital subsidy, shall be the
lower of 30 percent of the target income level for the proposed units expressed as a
percentage of area median income for the appropriate household size based on tax credit
occupancy standards or the market rent for comparable unassisted units as determined by
EHA.
Exception rent for large family housing in low poverty areas.
The maximum gross rent (rent plus utilities) for large family units (3 or more bedrooms)
shall be the lower of 120 percent of the current payment standard applied to the same size
units in the EHA tenant-based Housing Choice Voucher Program, or the market rent for
comparable unassisted units as determined by EHA.
Payment Standard for SRO Units
The payment standard for project-based SRO (Single Room Occupancy) units shall be
the lower of the payment standard for studio (0-bedroom) units, or the market rent for
comparable unassisted units as determined by EHA. SRO units are defined by city of
Evansville building code. Housing Constructed as a Single Family House shall use the
payment standard for the appropriate size single family house under the leased shared
housing formula described below.
Leased Shared Housing
The payment standard for an assisted family in a project-based single family house
occupied by more than one family shall be the lower of a pro-rated share of the payment
standard for the single family house based on the number of bedrooms occupied by the
family, or the payment standard the family would have if they lived in a unit by
themselves.
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Utility Allowances
In general, EHA shall use the same utility allowance in the Project-Based Program as it
uses for tenant-based assistance. An owner with energy efficient units may submit a
written request to the Director that a project-specific utility allowance be substituted for
the tenant-based programs’ utility allowance schedule, based on a written estimate from
Sigecom or (if applicable) Vectren Public Utilities of the likely consumption of
utilities for that building based on specific energy efficient features of the building. Once
a utility company estimate is used; it must be updated at least annually. EHA will not
approve a rent increase for a property without a new written estimate of likely utility
consumption from the local public utility.
F. Uses of Subsidy
EHA-Owned Units
Project-based Housing Choice Voucher subsidy may be used to pay:
1. Normal operating expenses of the property;
2. Project debt-service incurred for acquisition, development, and capital
improvements of the property; and
3. All other reasonable costs associated with the operation of the property, including
the costs of support services necessary to assist individuals who cannot sustain
stable housing without such services.
Non-EHA-Owned Project-Based Units (RFP Units)
An owner may use the revenue provided by the project-based Housing Choice Vouchers
for any purpose consistent with its organizational mission.
G. Contract Term
The contract term shall be negotiated for each project based on the project’s needs, within
the general framework of 5 to 40 years. All contracts are subject to availability of
adequate funds.
H. Annual Rent Increases
Non-EHA-Owned Project-Based Units (RFP Units)
Non-profit and for-profit owners of units assisted by EHA project-based Section 8
assistance may request annual rent adjustments. EHA shall base rent increases on the
same limits in maximum gross rent/payment standards described above for different
categories of units, subject always to rent reasonableness.
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The owner shall submit a specific request in writing for a rent increase
The effective date of the rent increase shall be the later of the one year anniversary of the
last rent increase, or 30 days from the date EHA receives the written request.
EHA-Owned Units
EHA property management staff may request in writing annual rent adjustments based on
increased operating costs, provided that the proposed increased rent does not exceed the
current market value of comparable units. The request shall include: a statement of actual
operating costs for the 12-month period preceding the date of the request and an
operating budget for the 12-month period following the effective date of the rent increase.
Prior to granting an increase in rent, the EHA Asset Management Department shall
review the proposed operating budget for overall reasonableness, and the Section 8
department shall make a determination of rent reasonableness based on the market value
of comparable unassisted units.
I. Vacancy Loss and Damage Claims
No Damage Claims
EHA will not make payments to the owner for any damages to the unit, or for any other
amounts owed by a family under the family’s lease.
Vacancy Payment
If an assisted family vacates the contract unit leased by family, upon written request from
the owner, EHA agrees to continue Housing Assistance Payments at 80 percent of the
contract rent to the owner from the date the tenant moves out to the end of that month,
plus 30 days, if:
1. The owner gives EHA prompt notice of the vacancy;
2. The vacancy is not the fault of the owner; and
3. The owner has taken every reasonable action to minimize the likelihood and
length of the vacancy.
Deadline for Requesting Reimbursement for Vacancy Loss
To receive the vacancy payment described above, the owner must submit a written
request to EHA no later than two calendar quarters following the calendar quarter in
which the vacancy occurred.
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J. Exit Vouchers
EHA shall not provide vouchers to families who move out of project-based units prior to
leasing for a minimum of one year.
Exception: original residents of buildings when the owner executes a contract for project
based assistance. A family assisted with a tenant-based voucher living in a building
identified for project-based assistance must surrender their tenant-based voucher when
the owner executes a contract to project-base a voucher for their unit. The family will be
offered a tenant-based voucher at the point it moves out of the project-based building
provided it is still eligible for the Housing Choice Voucher Program (local preferences do
not apply). This provision applies only to original residents of a building who are
assisted by a voucher at the time a contract is first executed for project-based assistance
including their unit.
Families assisted by vouchers who choose to move into a project-based assisted unit must
surrender their tenant-based voucher at the time they move in, and the voucher will not be
restored to them when they move out.
Project-based transitional housing programs may qualify for an allocation of tenant-based
vouchers, as described in this Administrative Plan.
Special Issuance Vouchers for Households that Exceed Maximum Occupancy Standards
Families occupying project-based units who exceed the maximum occupancy standard
for the assisted unit as outlined in Chapter 6 of this Administrative Plan may qualify for a
special issuance voucher (described in Chapter 3 of this Administrative Plan) if:
1. The owner submits a request to the Leased Housing Director for a special issuance
voucher for the family;
2. The owner certifies that the owner has no units of an appropriate size for the
family, and is not likely to have an appropriate size unit available within six
months of the date of the request;
3. The family meets all the requirements for a tenant-based voucher outlined in
this Administrative Plan; and
4. EHA has an available voucher to offer the family.
K. Tenant Selection: Waiting Lists
Non EHA-Owned Project-Based Units (RFP Units, HOPE VI Replacement Housing
Partnership Units) a for-profit owner who receive Housing Choice Voucher project-based
subsidy from EHA may establish their own waiting lists for project-based units subject to
requirements specified in the Housing Assistance Payment (HAP) Contract.
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EHA-Owned Units
EHA may maintain site-specific waiting lists for project-based units owned and managed
by EHA, or may offer units to eligible families on a first-come, first served basis as units
become available, without maintaining a waiting list. EHA will establish the marketing
and waiting list procedure for each Section 8 project based property in a written
management plan which covers the property.
M. Minimum Occupancy Requirements for Project-Based Properties
EHA shall make payments to owners based on assumed minimum occupancy for projectbased units, using the Subsidy Standards outlined in Chapter 6 of this Administrative
Plan. If occupancy of a project-based unit drops below the minimum occupancy standard
(e.g., a one-person family in a two-bedroom unit) for longer than 90 days, EHA may
reduce the Housing Assistance Payment for the unit to the amount appropriate for the size
of the assisted family occupying the unit. The owner may require the family to pay the
difference if the minimum occupancy requirement is spelled out in the family’s lease.
N. Tenant Selection: Admissions Criteria
General Eligibility Requirements
Applicants for Section 8 project-based assistance must meet the same eligibility
requirements as applicants for Section 8 tenant-based assistance outlined in this
Administrative Plan, unless otherwise stated below.
Eviction History
EHA shall not deny admission to project-based units to applicants based on previous
evictions, provided the household meets the requirements for eligibility for federal
assistance (24 CFR 982.553, further described in Chapter 2, Section F, “HUD-mandated
denials”).
Criminal History
Owners shall screen and select tenants using their own standards for criminal history.
EHA shall review applicant criminal history to insure that applicants are eligible for
subsidy under federal regulations, by applying the HUD-mandated required denials for
criminal history outlined in this Administrative Plan.
EHA will re-consider previously declined individuals if he/she appeals in writing within
10 days of the denial notice and can show they have either completed or have been
enrolled in a drug or alcohol treatment program for at least 60 days as a result of the
reason for the original Criminal History related offense denial.
Consistent with the provisions in the regulations for “evidence of rehabilitation,” and in
order to accommodate individuals with disabilities, EHA may give the property owner
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flexibility to accept residents for subsidized units who have a disability and a related
criminal history which could otherwise disqualify them for assistance. Tenant screening
flexibility will particularly be given to project sponsors with demonstrated expertise in
serving people with mental illness and/or chemical addictions, and the capacity to
provide the needed services. Tenant screening flexibility does not extend to applicants
who are sex offenders subject to a registration requirement, for the duration of that
requirement.
Owners must submit their tenant screening and supportive services plan to EHA to
qualify for additional screening flexibility, and must document for each applicant the
reasons why the owner feels the applicant is likely to live successfully in the project
based unit without serious re-offense, despite serious criminal history.
Owners may allow admission to convicted sex offenders who are Class B and Class C
felons subject to time-limited registration requirements, who do not, in the opinion of the
owner of the subsidized units, constitute a threat to other residents, the surrounding
community, or to the public at large.
Debt Owed to EHA or another Housing Authority
Applicants for project-based units who owe EHA or other housing authority’s money
must repay the amounts owed before their application will be approved.
O. Housing Quality Standards; Inspections
All housing units – as well as the buildings in which they are located – that receives
Project-based operating subsidy must meet HUD’s Housing Quality Standards (HQS).
EHA shall conduct an initial inspection for HQS and rent reasonableness prior to the
commencement of subsidy for a newly contracted project and (for substituted units in an
existing contract) a newly contracted unit within an operating property.
EHA shall conduct annual inspections of all buildings at least once every 12 months,
prior to the 1-year anniversary of the previous annual inspection.
EHA requires that owners certify that a unit meets HQS standards as of the date of initial
occupancy by a new tenant, but shall not conduct an inspection upon unit turnover.
All other procedures and requirements relating to HQS described in Chapter 11 of this
Administrative Plan apply to the project-based program.
P. Rent Calculations for Tenants
Minimum Rent
The Minimum Rent policy described in this Plan shall apply to residents of units assisted
by project-based Section 8 vouchers, with the following exceptions:
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1. Residents of assisted living facilities subsidized by Medicaid are exempt from the
minimum rent policy, and
2. Residents of buildings that provide highly supportive housing and services to the
chronically homeless and/or disabled individuals are exempt from the minimum
rent policy unless the building owner elects to impose the minimum rent policy on
its own residents, in which case the building owner may impose a minimum rent
of up to $50 toward rent and utilities.
Treatment of Medicaid
EHA shall calculate the family TTP as described in Chapter 7, TTP and Family Share.
Q. Unit Transfers
Under Section 8 regulations a transfer from one unit to another is subject to all the
requirements and processes of an initial lease-up. The tenant must have a new lease for a
new unit. Owners may allow residents of project-based units to transfer from one unit to
another, subject to EHA re-determination of eligibility and tenant rent. (If the transfer is
to another unit in the same building, re-determination of eligibility may not be required.)
Owners must submit all required application materials to EHA prior to the move. Tenant
rent may change.
R. Release of Health-Related Information
EHA shall not release any health-related information for an assisted resident to a property
owner without a specific release from the resident.
S. Protection of Revenue in the Event of Reduction in Federal Funds
EHA shall follow these priorities in responding to federal cuts in EHA’s Section 8 budget
authority:
1
Current participants in the tenant-based voucher program, including funds needed
to increase payment standards appropriately to keep pace with market rents;
2. Project-based units under contract with EHA or which have written commitments
from EHA to provide project-based assistance, as of the date that EHA notifies
the Housing Authority of City of Evansville of anticipated funding shortfalls in
the Section 8 program; and
3. All other new units.
In the event that EHA anticipates or is informed of federal appropriations reductions in
Housing Choice Vouchers that would affect EHA’s allocation, EHA will seek to convene
a meeting with the Housing Authority of the City of Evansville and affordable housing
stakeholders to inform them of potential consequences and to receive input on any
additional strategies to adapt to a reduced appropriation level.
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T. Contract Language Takes Precedence
In the event of a discrepancy between the language of this Administrative Plan and the
language of a HAP Contract in effect for an assisted property, the HAP Contract
language will take precedence.
U. Replacement of HUD Regulations and Previous Policy Statements
This policy as outlined in this Plan replaces and supersedes in part the HUD regulations
and procedures found in 24 CFR 983 regarding the project-basing of Section 8
certificates and authorizes the project-basing of Housing Choice Voucher assistance.
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Chapter 6
SUBSIDY STANDARDS: BEDROOM SIZE OF VOUCHER
[24 CFR 982.54(d) (9)]
HUD guidelines require that housing authorities establish subsidy standards for the
determination of family unit size, and that such standards provide for a minimum
commitment of subsidy while avoiding overcrowding.
This Chapter explains the subsidy standards that will be used to determine the voucher
size (number of bedrooms subsidized) for various size families when they are issued an
EHA voucher, as well as EHA’s procedures when a family’s size changes or a family
selects a unit size that is different from the voucher.
A. Determining Voucher Size [24 CFR 982.402]
EHA’s subsidy standards for determining voucher size shall be applied in a manner
consistent with Fair Housing requirements and guidelines.
For subsidy standards, an adult is a person 18 years old or older.
All standards in this section relate to the number of bedrooms on the voucher, not the
family’s actual living arrangements.
The unit size on the voucher is determined by the family composition, regardless of the
unit size rented.
EHA does not determine who shares a bedroom/sleeping room.
One bedroom will generally be assigned for every two family members. EHA will not
consider factors such as family characteristics including sex, age, or relationship
however, consideration will also be given for medical reasons and the presence of a livein aide.
Generally, EHA assigns 1 bedroom to 2 people within the following guidelines:
1. Foster children will be considered in determining unit size upon third-party
verification of placement in the family using the guidelines noted below unless the
foster agency recommends that the foster child have a separate room;
3. Live-in aides will generally be provided a separate bedroom. No additional bedrooms
are provided for the attendant’s family. A maximum of one bedroom per family will
be allocated for live-in attendants, even if the family has more than one attendant;
4. Space may be provided for a child who is away at school but who lives with the
family when school is not in session;
5. A pregnant woman with no other family members must be treated as a two- person
family; and
6. Single person families shall be allocated one bedroom.
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GUIDELINES FOR DETERMINING VOUCHER SIZE
Voucher Size
SRO
0 Bedroom
1 Bedroom
2 Bedrooms
3 Bedrooms
4 Bedrooms
5 Bedrooms
6 Bedrooms
Persons in Household
Minimum Number
Maximum Number
1
1
1
2
5
7
9
11
1
1
2
4
6
8
10
12
B. Exceptions to Voucher Size Standards [24 CFR 982.403(a) & (b)]
EHA may grant exceptions from the subsidy standards if the family makes a written
request for a larger voucher size, and EHA determines that the requested exception is
permitted by regulations and justified by the relationship, age, sex, health or disability of
family members, or other individual circumstances.
For a single person who is not elderly, disabled, or a remaining family member, an
exception cannot override the regulatory limit of a zero or one bedroom [24 CFR
982.402(b) (8)].
Accommodation for a Person with Disabilities
EHA may grant an exception to voucher size standards as an accommodation for persons
with disabilities. Circumstances may dictate a larger size than the subsidy standards
permit when persons cannot share a bedroom because of a certified medical or health
reasons, or the need of an elderly person or a person with disabilities for a live-in aide.
Such requests shall be made in writing, be based on health related reasons, and must be
verified by a doctor, medical, or licensed social service professional.
EHA Error
If EHA errors in the bedroom size designation, the family will be issued a voucher of the
appropriate size at the next annual review.
Additions to Household
EHA will issue a larger voucher due to additions of family members by birth, adoption,
marriage or domestic partnership, or court-awarded custody if the addition warrants an
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increase based upon guidelines stated above. Such additions to the household do not
require EHA approval, although they must be eligible for the Housing Choice Voucher
Program based on the criteria set forth in Chapter 2, Eligibility for Admission. The family
must inform EHA regarding the new family member(s) within 10 days of the addition.
All other household additions require EHA approval, regardless of whether the addition
has the effect of increasing the voucher size.
Related adults may be added to a household as a disability accommodation for the head
of household or the head of household’s dependent(s). EHA may consider the addition of
related adults when the household can demonstrate that it is necessary and reasonable for
them to provide medical/life activities care for the proposed addition(s). Example: A head
of household demonstrates that her disabled, elderly mother needs to come and live with
her, for reasons related to her disability.
If an adult who was previously on the household’s lease leaves the household but wishes
to return within two years of leaving, EHA will consider reinstating this adult to the
household subject to an acceptable background check.
In all cases, the landlord must approve the addition, the prospective adult addition must
have an acceptable background check, and the verified income of the modified household
including the additional person must be such that the household continues to qualify for a
voucher. (The income of a live-in aide will not be counted.)
Under housed and over housed families
If a unit does not meet HQS standards cited below due to an increase in family size
(making the unit too small), EHA will issue a new voucher of the appropriate size to the
family so they may look for a more suitable unit.
If a unit does not meet HQS standards cited below due to an decrease in family size
(making the unit too large), if the family wishes to exercise a move with assistance, the
family voucher size will be reduced to the appropriate size voucher so that the family
may look for a more suitable unit.
EHA will also notify the family of the circumstances under which an exception will be
granted, such as:
1. If a family that has a member with a disability is under housed in an accessible unit; or
2. If a family requires the additional bedroom because of a disability that has been
verified by EHA.
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C. Unit Size Selected if Different from Voucher [24 CFR 982.402(c)]
The family that selects a dwelling unit of a different size than that listed on the voucher
shall be subject to the following:
1. Subsidy Limitation: The payment standard for a family shall be the lower of:
a. The payment standard for the number of bedrooms allowed based on
family size and composition, according to the guidelines noted above; or
b. The payment standard amount for the actual number of bedrooms for the
unit rented by the family.
2. Utility Allowance: The utility allowance used to calculate the gross rent is based
on the actual size of the unit the family selects, regardless of the size authorized
on the family’s voucher.
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Chapter 7
TOTAL TENANT PAYMENT AND FAMILY SHARE
[24 CFR Part 5, Subparts E and F; 982.153, 982.551]
EHA will use the methods set forth in this Administrative Plan to determine and verify
family income at admission and at annual reexamination. The accurate calculation of
Annual Income and Adjusted Income will ensure that families do not pay more or less
rent than required under the Regulations.
This Chapter defines the allowable expenses and deductions to be subtracted from
Annual Income and how the number of household members may affect the Total Tenant
Payment (TTP). Income and TTP are calculated in accordance with 24 CFR Part 5,
Subparts E and F, and the instructions set forth in HUD Notices and Memoranda. EHA's
policies in this Chapter address those areas which give EHA discretion to define terms
and to develop standards to ensure consistent application of the various factors that relate
to the determination of TTP.
A. Income and Allowances [24 CFR 5.609]
Income includes all financial assets from any source, monetary or not, that are received
by any member of the family. For purposes of calculating the Total Tenant Payment,
HUD defines in the federal regulations what is to be counted and what is to be excluded.
In accordance with this definition, all income that is not specifically excluded by the
regulations is counted.
Annual Income is the gross income anticipated to be received by all family members in
the 12 months following certification or recertification. Gross income is the amount of
income prior to any HUD allowed expenses or deductions. Annual income is used to
determine whether applicants are within the applicable income limits.
Adjusted Income is the Annual Income minus any HUD allowed expenses and
deductions. HUD authorizes the following allowable deductions from Annual Income:
1. Dependent Allowance: $480 for each family member who is a minor, and for family
members who are 18 and older who are full-time students or who are disabled (other
than head of household, co-head or spouse);
2. Elderly/Disabled Allowance: $400 per family for families whose head, co-head or
spouse is 62 or over or disabled;
3. Medical and Dependent Care Allowance: The sum of the following, to the extent the
sum exceeds 3 percent of annual income:
a) Unreimbursed medical expenses of any elderly or disabled family member; and
b) Unreimbursed reasonable attendant care and auxiliary apparatus expenses for
each disabled family member, to the extent necessary to enable any family
member to be employed. This deduction may not exceed the earned income
received by family members who are 18 years of age or older and who are able to
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work because of such attendant care or auxiliary apparatus.
Procedures for Projecting Unstable Income
Where a family member has sporadic, yet recurring income such as a business owner,
child support payments or temporary clerical work (i.e. “Kelly Services) the HCV
staff will include projected income based upon current income and expenses:
1. Place family on a six (6) month re-exam cycle;
2. Require family to bring information for the 12-week period
preceding the date of the certification;
3. Calculate average weekly or monthly income and use this as a
baseline figure to project income for the upcoming 12 month
period;
4. Combine the income from this period with the income from
the prior period to establish a new baseline weekly or monthly
figure;
5. Recalculate the TTP and determine need for additional interim
re-exams if needed.
B. Disallowance of Earned Income from Rent Determinations for Persons with
Disabilities [24 CFR 5.617; 982.201 (D) (3)]
For purposes of rent determination, the annual income for qualified disabled families may
not be increased as a result of increases in earned income of a family member who is
disabled. This exclusion of income shall begin on the date on which the increase in
earned income begins and shall continue for a cumulative 12-month period. After the
disabled family receives 12 cumulative months of the exclusion, the annual income will
include a phase-in of half the increase in earned income previously excluded from annual
income.
To qualify for the earned income exclusion a disabled family must be receiving tenantbased rental assistance under the Housing Choice Voucher Program and must be a family
whose annual income increases as a result of:
1. Employment of a family member who is a person with disabilities, and who was
previously unemployed for one or more years prior to employment;
2. Increased earnings by a family member who is a person with disabilities during
participation in any economic self-sufficiency or other job training program; or
3. New employment or increased earnings of a family member who is a person with
disabilities, during or within six months after receiving assistance, benefits or services
under any state program for TANF, provided that the total amount over a six-month
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period is at least $500.00.
"Previously unemployed" includes a person with disabilities who has earned in the
previous 12 months no more than the equivalent earnings for working 10 hours per week
for 50 weeks at the state minimum wage.
An economic self-sufficiency program is any program designed to encourage, assist, train
or facilitate economic independence of assisted families or to provide work for such
families. Such programs may include job training, employment counseling, work
placement, basic skills training, education, English proficiency, workfare, financial or
household management, apprenticeship, or any other program necessary to ready a
participant to work (such as substance abuse or mental health treatment).
Amounts to be excluded include any increases in earned income of a family member who
is disabled during participation in an economic self-sufficiency or job training program,
but not increases that occur after participation in the program, unless the program
provides assistance, training or mentoring after employment.
The amount of TANF received in the six-month period includes monthly income and
such benefits and services as one-time payments, wage subsidies and transportation
assistance. The amount of income that may be excluded is the amount of the incremental
increase in the disabled family member’s income. The incremental increase in income is
calculated by comparing the amount of the disabled family member’s income before
beginning the qualifying employment or receiving the increase in earned income with the
amount of income after beginning the employment or receiving the increase in earned
income.
Initial 12-Month Exclusion
During the cumulative 12-month period beginning on the date a disabled family member
in a qualified family is first employed or the family first experiences an increase in
annual income attributable to employment, any increase in income received by a disabled
family member as a result of employment of that family member will be excluded from
the annual income of a qualified family.
Second 12-Month Exclusion and Phase-in
During the second cumulative 12-month period after the expiration of the initial
cumulative 12-month period referred to above, 50 percent of any increase in income of a
disabled family member as a result of employment of that family member shall be
excluded from the annual income of a qualified family. The increase shall be measured
from the date immediately prior to the beginning of such employment.
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Maximum 4-Year Exclusion
The earned income disallowance is limited to a lifetime 48-month period for each
disabled family member; that is, the disallowance applies for a maximum of 12 months of
full exclusion of incremental increase, and a maximum of 12 months of phase-in
exclusion during the 48-month period starting on the date of the initial exclusion.
If the period of increased income does not last for 12 consecutive months, the
disallowance period may be resumed at any time within the 48-month period, and
continued until the disallowance has been applied for a total of 12 months of each
disallowance (the initial 12-month full exclusion and the second 12-month phase-in
exclusion).
No earned income disallowance will be applied after the 48-month period following the
initial date the exclusion was applied.
Applicability to Child Care and Disability Assistance Expense Deductions
The amount deducted for child care and disability assistance expenses necessary to
permit employment shall not exceed the amount of employment income that is included
in annual income. Therefore, for disabled families entitled to the earned income
disallowance, the amounts of the full and phase-in exclusions from income shall not be
used in determining the cap for child care and disability assistance expense deductions.
Tracking the Earned Income Exclusion
The earned income exclusion will be reported on the HUD 50058 form. Documentation
will be included in the family’s file to show the reason for the reduced increase in rent.
Such documentation will include:
1. Date the increase in earned income was reported by the family;
2. Name of the family member whose earned income increased;
3. Reason (new employment, participation in job training program, within six months
after receiving TANF) for the increase in earned income;
4. Amount of the increase in earned income (amount to be excluded);
5. Date the increase in income is first excluded from annual income;
6. Date(s) earned income ended and resumed during the initial cumulative 12-month
period of exclusion (if any);
7. Date the family member has received a total of 12 months of the initial exclusion.
8. Date the 12-month phase-in period began;
9. Date(s) earned income ended and resumed during the second cumulative 12-month
period (phase-in) of exclusion (if any);
10. Date the family member has received a total of 12 months of phase-in exclusion; and
11. Ending date of the maximum 48-month (4-year) disallowance period (48 months
from the date of the initial earned income disallowance).
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EHA will maintain a tracking system to ensure correct application of the earned income
disallowance.
EHA will apply the earned income disallowance at a family's annual review. The
disallowance may be applied at an interim review for those families who reported zero
income at their last review and who are now reporting income.
Inapplicability to Admission
The earned income disallowance is only applied to determine the annual income of
disabled families who are participants in the Housing Choice Voucher Program, and
therefore does not apply for purposes of admission to the program (including the
determination of income eligibility or any income targeting that may be applicable).
C. Exclusion of Income from Qualified Training Programs
In order for the EHA to exclude income while a participant is enrolled in a training
program, EHA must ascertain that the income is earned from a qualified State or local
employment training program. This rule applies to applicants, public housing residents
and Section 8 participants. The Department of Housing and Urban Development (HUD)
allows for the exemption of income based on very specific guidelines. According to the
HUD Code of Federal Regulations 24 CFR 5.609(c), annual income does not include the
following:
1. “Amounts received under training programs that are funded by HUD;” or
2. “Incremental earnings and benefits resulting to any family member from participation
in qualifying State or local employment training programs. Amounts excluded by this
provision must be received under employment training programs with clearly defined
goals and objectives and are excluded only for the period which the family member
participates in the employment training program.”
In order for the EHA Section 8 Program to exempt training program income:
1. The training program must provide a current statement of goals and objectives to be
attained through participation in the program and a specific timeline for such
accomplishments; and
2. Ongoing training program participation must be a condition of the job placement.
There must be a determination that the participant would not earn the same income in
the job placement if he/she did not participate in the training program.
D.
Minimum Rent [24 CFR 5.630]
"Minimum rent" is $50.
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Minimum rent refers to the Total Tenant Payment and includes the combined amount a
family pays towards rent and/or utilities when it is applied. However, if the family
requests a hardship exemption, the Evansville Housing Authority will suspend the
minimum rent for the family beginning the month following the family’s hardship
request. The suspension will continue until the Housing Authority can determine whether
hardship exists and whether the hardship is of a temporary of long-term nature. During
suspension, the family will not be required to pay a minimum rent and the Housing
Assistance Payment will be increased accordingly.
A hardship exists in the following circumstances:
a. When the family has lost eligibility for or is awaiting an eligibility determination
for a Federal, State or local assistance program;
b. When the family would be evicted as a result of the imposition of the minimum
rent requirement;
c. When the income of the family has decreased because of changed circumstances,
including loss of employment;
d. When the family has an increase in expenses because of changed circumstances,
for medical costs, childcare, transportation, education, or similar items;
e. When a death has occurred in the household or immediate family.
No hardship: If the Evansville Housing Authority determines there is no qualifying
hardship, the minimum rent will be reinstated, including requiring back payment of
minimum rent to the Housing Authority for the time of suspension.
Temporary hardship: If the Housing Authority determines that there is a qualifying
hardship but that it is of a temporary nature, the minimum rent will not be imposed for a
period of 90 days from the date of the family’s request. At the end of the 90-day period,
the minimum rent will be imposed retroactively to the time of suspension. The Housing
Authority will offer a reasonable repayment agreement for any minimum rent back
payment paid by the Housing Authority on the family’s behalf during the period of
suspension.
Long-term hardship: If the Housing Authority determines there is a long-term hardship,
the family will be exempt from the minimum rent requirement until the hardship no
longer exists.
Appeals: The family may use the informal hearing procedure to appeal the Housing
Authority’s determination regarding the hardship. No escrow deposit will be required in
order to access the informal hearing procedures.
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E. Rent for Families under the Non-citizen Rule
A mixed family will receive full continuation of assistance if all of the
following conditions are met:
1.
The family was receiving assistance on June 19, 1995;
2.
The family was granted continuation of assistance before
November 29, 1996;
The family's head or spouse has eligible immigration status; and
3.
4.
The family does not include any person who does not have eligible
status other than the head of household, the spouse of the head of
household, any parent of the head or spouse, or any child (under
the age of 18) of the head or spouse.
If a mixed family qualifies for prorated assistance but decides not to
accept it, or if the family has no eligible members, the family may be
eligible for temporary deferral of termination of assistance to permit the
family additional time for the orderly transition of some or all of its
members to locate other affordable housing. Under this provision the
family receives full assistance. If assistance is granted under this provision
prior to November 29, 1996, it may last no longer than three years. If
granted after that date, the maximum period of time for assistance under
the provision is 18 months. The Evansville Housing Authority will grant
each family a period of 6 months to find suitable affordable housing. If the
family cannot find suitable affordable housing, the Evansville Housing
Authority will provide additional search periods up to the maximum time
allowable.
Suitable housing means housing that is not substandard and is of
appropriate size for the family. Affordable housing means that it can be
rented for an amount not exceeding the amount the family pays for rent,
plus utilities, plus 25%.
The family's assistance is prorated in the following manner:
1.
Find the prorated housing assistance payment (HAP) by dividing
the HAP by the total number of family members, and then
multiplying the result by the number of eligible family members.
2.
Obtain the prorated family share by subtracting the prorated HAP
from the gross rent (contract rent plus utility allowance).
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3.
The prorated tenant rent equals the prorated family share minus the
full utility allowance.
F. Definition of Temporarily/Permanently Absent [24 CFR 982.54(d) (10), 982.551]
EHA must compute all applicable income of every family member who is on the lease,
including those who are temporarily absent. EHA must count the income of the spouse or
the head of the household if that person is temporarily absent. "Temporarily absent" is
defined as away from the unit for less than 180 days.
If the sole household member is permanently absent due to military duty, he/she will be
withdrawn from the HCVP but may be eligible for special readmission when discharged
from military duty.
If readmission is desired, he/ she must make a written request to the Director of Leased
Housing. The Director shall ask for a proof of all supporting documentation regarding
the Military Discharge and any other information that may be needed to determine
eligibility. Upon review, a decision will be made to either readmit or deny the request.
Income of persons permanently absent will not be counted. If the spouse is temporarily
absent and in the military, all military pay and allowances (except hazardous duty pay
when exposed to hostile fire and any other exceptions to military pay HUD may define)
is counted as income.
It is the responsibility of the head of household to report changes in family composition.
EHA will evaluate absences from the unit using this policy.
Absence of Any Member (24CFR 982.312)
Any member of the household will be considered permanently absent if he or she is away
from the unit for 180 days or more and will be removed from the voucher, except as
otherwise provided in this Chapter.
Absence Due to Medical Reasons
If any family member leaves the household to enter a facility such as hospital, nursing
home, or rehabilitation center, EHA will seek advice from a reliable qualified source as to
the likelihood and timing of their return. If the verification indicates that the family
member will be permanently confined to a nursing home, the family member will be
considered permanently absent. If the verification indicates that the family member will
return in less than 180 consecutive days, the family member will not be considered
permanently absent.
If the person who is determined to be permanently absent is the sole member of the
household, assistance will be terminated in accordance with EHA's "Absence of Entire
Family" policy.
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Absence Due to Full-Time Student Status
Dependents who are full time students and attend school away from home but live with
the family during school recess will be considered temporarily absent from the
household. HOHs do not qualify for this exemption.
Absence Due to Incarceration
If the sole member of a household is incarcerated for more than 180 consecutive days,
s/he will be considered permanently absent. Any member of the household, other than the
sole member, will be considered permanently absent if he/ she is incarcerated for 30
consecutive days. EHA will determine if the reason for incarceration is for drug-related
or violent criminal activity.
Absence of Children Due to Placement in Foster Care
If the family includes a child or children temporarily absent from the home due to
placement in foster care, EHA will determine from the appropriate agency when the
child/children will be returned to the home.
If the time period is to be greater than 12 months from the date of removal of the
child/children, the Voucher size will be reduced. If all children are removed from the
home permanently, the voucher size will be reduced in accordance with EHA's subsidy
standards.
Absence of Entire Family (24CFR 982.309 (c) (2)
These policy guidelines address situations when the family is absent from the unit, but
has not moved out of the unit. In cases where the family has moved out of the unit, EHA
will terminate assistance in accordance with appropriate termination procedures
contained in this Plan. Families are required both to notify EHA before they move out of
a unit and to give EHA information about any family absence from the unit.
Families may be absent for brief periods of time. Families must notify EHA at least 30
days before leaving the unit or no more than 10 days after leaving the unit if they are
going to be absent from the unit for more than 30 consecutive days. Families leaving their
unit under duress may have up to 30 days after leaving the unit to notify EHA.
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If the entire family is absent from the assisted unit for more than 180 consecutive days or
if EHA otherwise determines that the unit has been vacated or abandoned, the unit will be
considered to be vacated and the assistance will be terminated.
If it is determined that the family has an approved absence from the unit, EHA may
continue assistance payments for a maximum of six months, not to exceed 180 days.
EHA will request written verification from the family to determine if they will be paying
rent while absent from the unit, or if they will be permanently absent from the unit.
HUD regulations require EHA to terminate assistance if the entire family is absent from
the unit for a period of more than 180 consecutive calendar days.
"Absent" means that no family member (approved voucher participants) is residing in the
unit.
In order to determine if the family is absent from the unit, EHA may investigate the
situation by taking action, including but not limited to the following:
1. Write letters to the family at the unit;
2. Telephone the family at the unit;
3. Interview neighbors;
4. Verify if utilities are in service; and
5. Check with the post office.
A person with a disability may request an extension of time as an accommodation,
provided that the extension does not go beyond the HUD-allowed 180 consecutive
calendar days’ limit.
Caretaker for Children
If neither parent remains in the household, nor the appropriate agency has determined that
another adult is to be brought into the assisted unit to care for the children for an
indefinite period, EHA will treat that adult as a visitor for the first 30 days.
If by the end of that period, court-awarded custody or legal guardianship has been
awarded to the caretaker, the voucher will be transferred to the caretaker.
If the appropriate agency cannot confirm the guardianship status of the caretaker, EHA
will review the status at 180-day intervals.
If custody or legal guardianship has not been awarded by the court, but the action is in
process, EHA will secure verification from social services staff or the attorney as to the
status.
If custody is awarded for a limited time in excess of stated period, EHA will state in
writing that the transfer of the voucher is for that limited time or as long as the caretaker
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has custody of the children. EHA will use discretion as deemed appropriate in
determining any further assignation of the voucher on behalf of the children.
The caretaker will be allowed to remain in the unit, as a visitor, until a determination of
custody is made.
When EHA approves a person to reside in the unit as caretaker for the child/children, the
person’s income should be counted pending a final disposition. EHA will work with the
appropriate service agencies and the landlord to provide a smooth transition in these
cases. If a member of the household is subject to a court order that restricts him or her
from the home for more than six months, the person will be considered permanently
absent.
Visitors/Guests/Unauthorized Adults in Unit
3- GUESTS [24 CFR 5.100]
A guest is defined as a person temporarily staying in the unit with the consent of a tenant
or other member of the household who has express or implied authority to so consent on
behalf of the tenant.
The lease must provide that the tenant has the right to exclusive use and occupancy of the
leased unit by the members of the household authorized to reside in the unit in
accordance with the lease, including reasonable accommodation of their guests [24 CFR
966.4(d)]. The head of household is responsible for the conduct of visitors and guests,
inside the unit as well as anywhere on or near EHA premises [24 CFR 966.4(f)].
A participant family must notify OHA when overnight guests will be staying in the unit
for more than 3 days. A guest can remain in the unit no longer than 14 consecutive days
or a total of 30 cumulative calendar days during any 12-month period.
A family may request an exception to this policy for valid reasons (e.g., care of a relative
recovering from a medical procedure expected to last 20 consecutive days). An exception
will not be made unless the family can identify and provide documentation of the
residence to which the guest will return.
Children who are subject to a joint custody arrangement or for whom a family has
visitation privileges, that are not included as a family member because they live outside
of the assisted unit more than 50 percent of the time, are not subject to the time
limitations of guests as described above. Additionally, in a joint custody arrangement, if
the minor is in the household less than 181 days per year, the minor will be considered to
be an eligible visitor and not a family member.
Former household members who have been evicted are not permitted as overnight guests.
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Non-household members who represent the unit’s address as their residence address for
receipt of benefits or other purposes will be considered unauthorized occupants.
Statements from neighbors and/or the landlord will be considered in making the
determination. Use of the unit address as the visitor's current residence for any purpose
that is not explicitly temporary shall be construed as permanent residence.
Any adult not included on the HUD 50058 who has been in the unit more than 14
consecutive days without EHA approval, or a total of 30 days in a 12-month period, will
be considered to be living in the unit as an unauthorized household member.
Absence of evidence of any other address may be considered verification that the visitor
is a member of the household.
The burden of proof that the individual is a visitor rests on the family. In the absence of
such proof, the individual will be considered an unauthorized member of the household
and EHA will terminate assistance, since prior approval was not requested for the
addition.
Minors and college students who were part of the family but who now live away from
home during the school year and are no longer on the lease may visit for up to 150 days
per year without being considered a member of the household.
In a joint custody arrangement, if the minor is in the household less than 181 days per
year, the minor will be considered to be an eligible visitor and not a family member.
Participants can not violate their terms of their lease if the lease is more restrictive than
the Authority’s guest policies.
Reporting Additions to Owner and EHA
Reporting changes in household composition to EHA is both a HUD and an EHA
requirement. The family obligations require the family to request EHA approval to add
any other family member as an occupant of the unit and to inform EHA of the birth,
adoption or court-awarded custody of a child. The family must request prior approval of
additional household members in writing. If any new family member is added, the
income of the additional member will be included in the family income as applicable
under HUD regulations
If the family does not obtain prior written approval from EHA, any person the family has
permitted to move in will be considered an unauthorized household member.
In the event that a visitor continues to reside in the unit after the maximum allowable
time, the family must report it to EHA in writing within 10 business days of the
maximum allowable time. Families are required to report any additions to the household
in writing to EHA within 10 business days of the move-in date.
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An interim reexamination will be conducted for any additions to the household.
In addition, EHA will require the family to obtain prior written approval from the owner
when there are changes in family composition other than birth, adoption or court awarded
custody.
Reporting Absences to EHA
Reporting changes in household composition is both a HUD and an EHA requirement.
If a family member leaves the household, the family must report this change to EHA, in
writing, within 10 business days of the change and report whether the member is
temporarily absent or permanently absent.
EHA will conduct an interim evaluation for changes which affect the Total Tenant
Payment in accordance with the interim policy.
G. Averaging Income [24 CFR 5.609 (d)]
When annual income cannot be anticipated for a full 12 months, EHA may average
known sources of income that vary to compute an annual income, or annualize current
income and conduct an interim reexamination if income changes. If there are bonuses or
overtime which the employer cannot anticipate for the next 12 months, bonuses and
overtime received the previous year will be used.
If, by averaging, an estimate can be made for those families whose income fluctuates
from month to month; this estimate will be used so as to reduce the number of interim
adjustments. The method used depends on the regularity, source and type of income.
Income Manipulations: See Chapter 13 Part C.
H. Minimum Income / Reported Zero Income / Credit Checks
There is no minimum income requirement. Families who report zero income are required
to report to EHA in writing any new income within 10 business days of the receipt of the
income. EHA will then conduct an interim review for the family.
Families that report zero income (or any income lower than appears necessary to
maintain the family) will be required to provide information regarding their means of
basic subsistence, such as food, utilities, transportation, etc. If the family’s likely
expenses exceed their known income, EHA will make inquiry of the head of household
as to the nature of the family’s accessible resources. EHA may also conduct a credit
check for the household, to determine whether the reported income and family
composition is consistent with the household’s credit relationships and expenditures.
I. Income of Person Permanently Confined to Nursing Home [24 CFR 982.54(d) (10)]
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If a family member is permanently confined to a hospital or nursing home and there is a
family member left in the household, EHA will calculate the income by using the
following methodology and use the income figure which would result in a lower payment
by the family:
1. Exclude the income of the person permanently confined to the nursing home and give
the family no deductions for medical expenses of the confined family member; or
2. Include the income and deductions of the person permanently confined to the nursing
home.
J.
Regular Contributions and Gifts [24 CFR 5.609]
Regular contributions and gifts received from persons outside the household are counted
as income for calculation of the Total Tenant Payment.
Any contribution or gift received reliably or periodically will be considered a "regular"
contribution or gift. This includes rent and utility payments made on behalf of the family
and other cash or non-cash contributions provided on a regular basis. It does not include
casual contributions or sporadic gifts. (See "Verification Procedures" chapter for further
definition.)
K. Alimony and Child Support [24 CFR 5.609]
Regular alimony and child support payments are counted as income for calculation of
Total Tenant Payment.
If the amount of child support or alimony received is less than the amount awarded by the
court, EHA will use the amount awarded by the court unless the family can verify that
they are not receiving the full amount and verification of item(s) below are provided.
EHA will accept verification that the family is receiving an amount less than the award if:
1. EHA receives verification from the agency responsible for enforcement or collection;
2. The family furnishes documentation of child support or alimony collection action
filed through a child support enforcement/collection agency, or has filed an
enforcement or collection action through an attorney.
It is the family's responsibility to supply a certified copy of the Divorce Decree.
L. Lump-Sum Receipts and Income From Trusts [24 CFR 5.609]
Lump-sum additions to family assets, such as inheritances, insurance payments
(including payments under health and accident insurance and worker's compensation),
capital gains, and settlement for personal or property losses, are not included in income
but may be included in assets.
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Any lump-sum additions that are counted as assets will only be counted at a family's
annual review, unless the family reported zero income at the time of their last review, in
which case the cash value of the lump-sum amount will be added as assets at an interim
review.
Lump sum payments from Social Security or SSI are excluded from income, but any
amount remaining will be considered an asset. Lump-sum payments caused by delays in
processing periodic payments such as unemployment or welfare assistance are counted as
income.
Deferred periodic payments (excluding SS or SSI benefits), which have accumulated due
to a dispute, will be treated the same as periodic payments which are deferred due to
delays in processing.
In order to determine the amount of retroactive tenant rent that the family owes as a result
of the lump sum receipt being counted as income, EHA uses a calculation method which
calculates retroactively or prospectively, depending on the circumstances.
Prospective Calculation Methodology
To be used at interims being done for previously zero income families, or for families
who report the lump sum receipt for the first time during their annual reexamination. If
the payment is reported on a timely basis, the calculation will be done prospectively and
will result in an adjustment calculated as follows:
For annuals:
1. The entire lump-sum payment will be added to the annual income at the time of the
annual review.
For interims:
1. EHA will determine the percent of the year remaining until the next annual
recertification as of the date of the interim;
2. At the next annual recertification, EHA will apply the percentage balance to the
lump sum and add it to the rest of the annual income; and
3. The lump-sum will be added in the same way for any interims that occur prior to
the next annual recertification.
Retroactive Calculation Methodology
To be used for non-zero income families who report the lump-sum receipt at their annual
review but where the actual receipt occurred between annual re-exams. EHA will go back
to the date the lump-sum payment was received, determine the amount of income for the
certification period, including the lump sum, and recalculate the tenant rent for the
certification period to determine the amount due EHA.
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EHA will enter into a Payment Agreement with the family, unless the family confirms
they are able to pay the retroactive amount with a single payment.
The amount owed by the family is a collectible debt even if the family becomes
unassisted.
Attorney Fees
The family's attorney fees may be deducted from lump-sum payments, when computing
annual income, if the attorney's efforts have recovered lump-sum compensation, and the
recovery paid to the family does not include an additional amount in full satisfaction of
the attorney fees.
Income from Trusts [24 CFR 5.603 (b) (2)]
In cases where a trust fund has been established and the trust is not revocable by, or under
the control of, any member of the family or household, the value of the trust fund will not
be considered an asset so long as the fund continues to be held in trust. Any income
distributed from the trust fund shall be counted when determining annual income under
24 CFR 5.609. EHA will exclude costs to maintain the trust when determining annual
income derived from a trust fund.
Trust distributions that are used solely to pay costs of maintaining the trust shall not be
considered income to the family.
M. Retirement Funds - Assets [24 CFR 5.603 (b)]
Company retirement/pension funds are handled as follows:
1. While an individual is employed, count as assets only amounts the family can
withdraw without retiring or terminating employment;
2. After retirement or termination of employment, count as an asset any amount the
employee elects to receive as a lump sum; and
3. Include in annual income any retirement benefits received through periodic
payments.
N. Assets Disposed of for Less Than Fair Market Value [24 CFR 5.603 (b) (3)]
EHA must count assets disposed of for less than fair market value during the two years
preceding certification or reexamination. EHA will count the difference between the
market value and the actual payment received in calculating total assets.
Assets disposed of as a result of foreclosure or bankruptcy are not considered to be assets
disposed of for less than fair market value. Assets disposed of as a result of a divorce or
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separation is not considered to be assets disposed of for less than fair market value.
EHA's minimum threshold for counting assets disposed of for less than Fair Market value
is $1,000. If the total value of assets disposed of within a one-year period is less than
$1,000, they will not be considered an asset.
O. Income from Assets
Computation of annual income must include a family’s household assets when the
family’s combined assets total at least $1000.00 or more.
If the total assets are valued at more than $5000.00, EHA shall count the actual earned
income or imputed income (value of the asset times the current HUD published passbook
rate), whichever amount is greater, and apply it to the gross annual income.
If the total assets are valued at less than $5000.00, EHA shall count the actual income
earned on the asset toward the gross annual income.
P. Child Care Expenses [24 CFR 5.603]
Child care expenses for children age 12 and under may be deducted from annual income
if they enable an adult to work or attend school full time, or to actively seek employment.
In the case of a school-age child attending private school, only after-hours care can be
counted as child care expenses.
Allow ability of deductions for child care expenses is based on the following guidelines:
Child care to work: The maximum child care expense allowed must be less than the
amount earned by the person enabled to work. The "person enabled to work" will be the
adult member of the household who earns the least amount of income from working.
Q. Medical Expenses [24 CFR 5.603, 5.611 (3) (i)]
When it is unclear in the HUD rules as to whether or not to allow an item as a medical
expense, IRS Publication 502 will be used as a guide.
Non-prescription medicines must be doctor-recommended in order to be considered a
medical expense.
Acupressure, acupuncture, herbal medicines, nutritional supplements and chiropractic
services will be considered allowable medical expenses, if prescribed by a doctor. Insulin
is an allowed medical expense even if not prescribed by a doctor.
R. Proration of Assistance for “Mixed” Families [24 CFR 5.520]
Applicability
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Pro-ration of assistance must be offered to any "mixed" applicant or participant family. A
"mixed" family is one that includes at least one U.S. citizen or eligible immigrant and any
number of ineligible members.
Prorated Assistance Calculation
Prorated assistance is calculated by determining the amount of assistance payable if all
family members were eligible and multiplying by the percent of the family members who
actually are eligible. Calculations for each housing program are performed on the HUD
50058 form.
S. Income Changes Resulting from Welfare Program Requirements [24 CFR 5.605]
EHA will not reduce the rental contribution for families whose welfare assistance is
reduced specifically because of:
1. Fraud by a family member in connection with the welfare program;
2. Failure to participate in an economic self-sufficiency program; or
3. Non-compliance with a work activities requirement.
However, EHA will reduce the rental contribution if the welfare assistance reduction is a
result of:
1.
2.
The expiration of a lifetime time limit on receiving benefits;
A family member not complying with other welfare agency requirements, not related
to WorkONE; or
3. A family member complying with welfare agency economic self-sufficiency or work
activities requirements, who cannot or has not, obtained employment. For example,
the family member has complied with welfare program requirements, but the
durational time limit, such as a cap on the length of time a family can receive
benefits, causes the family to lose their welfare benefits.
4. Imputed welfare income is the amount of annual income not actually received by a
family as a result of a specified welfare benefit reduction that is included in the
family’s income for rental contribution.
Imputed welfare income is not included in annual income if the family was not an
assisted resident at the time of sanction.
The amount of imputed welfare income is offset by the amount of additional income a
family receives that begins after the sanction was imposed.
When additional income is at least equal to the imputed welfare income, the imputed
welfare income is reduced to zero.
Verification before Denying a Request to Reduce Rent
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EHA will obtain written verification from the welfare agency stating that the family's
benefits have been reduced for fraud or noncompliance with economic self-sufficiency or
work activities requirements before denying the family's request for rent reduction.
The welfare agency, at the request of EHA, will inform EHA of:
1. Amount and term of specified welfare benefit reduction for the family;
2. Reason for the reduction; and
3. Subsequent changes in term or amount of reduction.
Cooperation Agreements
EHA has a cooperation agreement in place with the local welfare agency, which assists
EHA in obtaining the necessary information regarding welfare sanctions.
EHA has taken a proactive approach to promoting an effective working relationship
between EHA and the local welfare agency for the purpose of targeting economic selfsufficiency programs throughout the community that are available to Housing Choice
Voucher and public housing residents.
T. Utility Allowance and Utility Reimbursement Payments [24 CFR 982.517]
The same Utility Allowance Schedule is used for all tenant-based programs.
The utility allowance is intended to cover the cost of utilities not included in the rent. The
allowance is based on the typical cost of utilities and services paid by energyconservative households that occupy housing of similar size and type in the same locality.
Allowances are not based on an individual family's actual energy consumption.
EHA’s utility allowance schedule, and the utility allowance for an individual family,
must include the utilities and services that are necessary in the locality to provide housing
that complies with the Housing Quality Standards.
At each reexamination, the Housing Authority applies the utility allowance from the most
currently revised utility allowance schedule.
EHA may not provide any allowance for non-essential utility costs, such as costs of cable
or satellite television.
EHA must classify utilities in the utility allowance schedule according to the following
general categories: space heating, cooking, water heating, water, sewer, trash collection;
other electric, refrigerator (for tenant-supplied refrigerator), range (cost of tenantsupplied range); and other specified services.
EHA will review the utility allowance schedule annually. If the review determines that a
utility rate has changed by 10 percent or more since the last revision of the utility
allowance schedule, the schedule will be revised to reflect the new rate. Revised utility
allowances will be applied in a participant family's rent calculation on or before their next
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reexamination. EHA may adjust the Utility Allowance upon reviewing the annually
issued utility allowance schedule for the county as long as the residents are given a 30
Day Notice.
The approved utility allowance schedule is given to families along with their voucher.
The utility allowance is based on the actual unit size selected.
Where the calculation on the HUD 50058 results in a utility reimbursement payment due
the family [24 CFR 982.514(b)], EHA will provide a utility reimbursement payment for
the family each month. The check will be made out directly to the tenant. In the event
that HUD funding for utility reimbursements discontinues, the EHA would no longer
provide utility reimbursements.
Security deposit
The owner may collect a security deposit from the tenant in an amount not in
excess of amounts charged in private market practice and not in excess of
amounts charged by the owner to unassisted tenants.
The owner must give the tenant a written list of all items charged against the
security deposit and the amount of each item. After deducting the amount, if any,
used to reimburse the owner, the owner must refund promptly the full amount of
the unused balance to the tenant within 45 days of the vacate date. It is the
Client’s responsibility to provide the Landlord with a forwarding address.
Owner may use the security deposit to cover unpaid tenant rent owing at time of
move out, damages and/or other costs allowed under State Landlord-Tenant Act.
The EHA will provide a prior Housing Choice Voucher owner with the current
address of a family who continues to receive Housing Choice Voucher
Assistance, when the owner provided written evidence that (1) the unpaid
rent/damages exceed the security deposit collected and (2) the owner has received
a court judgment for additional amounts owed for example: un paid water bill.
If the security deposit is not sufficient to cover amounts the tenant owes under the
lease, the owner may seek to collect the balance from the tenant.
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Chapter 8
VERIFICATION PROCEDURES
[24 CFR Part 5, Subparts B, D, E and F; 24 CFR 982.158]
HUD regulations require that EHA verify applicants’ and participants’ eligibility and
Total Tenant Payment/Family Share. EHA staff will obtain written verification from
independent third-party sources whenever possible and, when third-party verification
cannot be obtained, will document the reason why in the applicant’s and participant’s
file.
Applicants and program participants must provide true and complete information to EHA
whenever information is requested. EHA’s verification requirements are designed to
maintain program integrity. EHA will pursue verification through all sources at its
disposal if information is received that indicates the family has income or circumstances
other than what the family has reported. EHA may also require a credit check to evaluate
the family’s description of its income compared to its credit relationships and recurring
financial obligations.
This Chapter explains EHA’s procedures and standards for verification of preferences,
income, assets, allowable deductions, family status, utility status, and changes in family
composition. EHA will obtain proper authorization from the family before requesting
information from independent sources.
A. Methods of Verification and Time Allowed [24 CFR 982.516]
EHA will verify information through the five methods of verification acceptable to HUD
in the following order:
1. Enterprise income verification;
2. Third-party written;
3. Third-party oral;
4. Review of documents; and
5. Certification/self-declaration.
EHA will allow two weeks for return of third-party verifications, and two weeks to obtain
other types of verifications before going to the next method. EHA will document the file
as to why third-party written verification was not used.
For applicants, verifications may not be more than 60 days old at the time of voucher
issuance. For participants, verifications are valid for 60 days from the date of EHA’s
written request.
Enterprise Income Verification
“Enterprise” income verification is used to verify wage information through state or
national employment information data banks. EHA will employ the upfront method of
income verification as the preferred way to obtain third-party wage information. For
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example, reports obtained from the State of Washington Department of Employment
Security, The Work Number Web site (www.theworknumber.com), or any other similar
data collection Web sites can be used to calculate annual income in conjunction with
written or oral verification that the participant remains with the same employer.
Third-Party Written Verification
EHA staff may also verify wage information directly with the employer when the upfront
income verification method is not applicable. Third-party written verification forms will
be sent and returned via first class mail. The family will be required to sign an
authorization for the information source to release the specified information.
EHA will not give third-party verification forms directly to family members, but will
mail or fax forms directly to the source. Verification forms returned to EHA by the
family will be orally third-party confirmed by EHA staff.
EHA will accept verifications in the form of computerized printouts delivered by the
family from the following agencies:
1. Social Security Administration;
2. Veterans Administration;
3. Welfare assistance, with phone confirmation of length and reason for sanction or
recoup, if applicable; and
4. City or county courts.
Third-Party Oral Verification
Oral third-party verification will be used when written third-party verification:
1. Is delayed or not possible;
2. Is submitted in fax or photocopy format; or
3. Is submitted to EHA by the family, rather than the source.
When third-party oral verification is used, staff will be required to complete a
Certification of Document Viewed or Person Contacted form noting with whom they
spoke, the date of the conversation, and the facts provided. If oral third-party verification
is not available, EHA will compare the information to any documents provided by the
family. If provided by telephone, EHA must originate the call.
Review of Documents
In the event that third-party written or oral verification is unavailable, or the information
has not been verified by the third-party within two weeks, EHA will annotate the file
accordingly and utilize documents provided by the family as the primary source of
verification, if the documents provide complete information.
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All such documents, excluding any documents that prohibit the viewer from copying
them, will be photocopied and retained in the applicant file. In cases where documents
are viewed which cannot be photocopied, staff viewing the document(s) will complete a
Certification of Document Viewed or Person Contacted form.
EHA will accept the following documents from the family provided that the document is
such that tampering would be easily noticed:
1. Computer print-outs from the employer;
2. Signed letters (provided that the information is confirmed by phone); and
3. Other documents noted in this Chapter as acceptable verification.
EHA will accept legible faxed documents with phone confirmation by EHA staff.
EHA will accept legible photocopies with phone confirmation by EHA staff or
comparison to historical documents in the family's file.
If third-party verification is received after documents have been accepted as provisional
verification, and there is a discrepancy, EHA will utilize the third-party verification.
EHA will not delay the processing of an application or review beyond 10 business days
because a third-party information provider does not return the verification in a timely
manner.
Self-Certification/Self-Declaration
As a last resort, when verification of income from tips/gratuities or self-employment
income cannot be made by third-party verification or review of documents, families will
be required to submit a self-certification.
Self-certification means a certification/statement made under penalty of perjury.
B. Release of Information [24 CFR 5.230]
Adult family members will be required to sign HUD Form 9886, Release of
Information/Privacy Act form.
In addition, family members will be required to sign specific authorization on the
Personal Declaration form when information is needed that is not covered by the HUD
Form 9886, Release of Information/Privacy Act form.
Each member requested to consent to the release of specific information will be provided
with a copy of the appropriate forms for their review and signature.
Family refusal to cooperate with the HUD-prescribed verification system will result in
denial of admission or termination of assistance because it is a family obligation to
supply any information and to sign consent forms requested by EHA or HUD.
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C. Computer Matching
When EHA receives notification from HUD that a family has been sent an “income
discrepancy” letter, EHA will contact HUD for explicit instructions on how it is to
respond, and follow HUD’s instructions.
D. Items to be Verified [24 CFR 982.516]
The following items shall be verified:
1. All income including regular contributions and gifts;
2. Full-time student status including high school students who are 18 or over;
3. Current assets, regardless of amount, including assets disposed of for less than fair
market value in preceding two years. If the family claims on EHA forms that they have
no bank accounts/assets at all, EHA will not require the family to submit a
bank/financial statement unless there is a previous history in the file of a particular
asset. In such an instance the family will be required to provide verification that the
account is closed or the asset has been disposed of;
4. Child care expense where it allows an adult family member to be employed or to
further his or her education; (cannot exceed income, must be reasonable)
5. Total medical expenses of all family members in households whose head, spouse or
co-head is elderly or disabled;
6. Disability assistance expenses to include only those costs associated with attendant
care or auxiliary apparatus for a disabled member of the family, which allow an adult
family member, including the disabled family member, to be employed;
7. Disability for determination of preferences, allowances or deductions;
8. Persons who declare eligible immigrant status;
9. Social Security Numbers for all family members 6 years of age or older who have been
issued a Social Security Number;
10. Familial/marital status when needed for head or spouse definition; and
11. Verification of reduction in benefits for non-compliance. EHA will obtain written or
oral verification from the welfare agency stating that the family’s benefits have been
reduced for fraud or non-compliance before denying the family’s request for rent
reduction.
12. Utility status shall be verified at admissions for the sake of determining eligibility of a
new unit and with regards to recertification the utilities status shall be certified to
determine the current status of utility’s in the assisted unit.
E. Exclusions from income: Annual income does not include the following:

Income from employed children (including foster children) under the age of 18 years;

Payments received for the care of foster children or foster adults (usually persons
with disabilities, unrelated to the tenant family, who are unable to live alone);

Lump-sum additions to family assets, such as inheritances, insurance payments
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(including payments under health and accident insurance and worker's
compensation), capital gains and settlement for personal or property losses;
Amounts received by the family that is specifically for, or in reimbursement of, the
cost of medical expenses for any family member;
Income of a live-in aide;
The full amount of student financial assistance paid directly to the student or to the
educational institution;
The special pay to a family member serving in the Armed Forces who is exposed to
hostile fire;
The amounts received from the following programs:
Amounts received under training programs funded by HUD;
Amounts received by a person with a disability that are disregarded for a limited time
for purposes of Supplemental Security Income eligibility and benefits because they
are set aside for use under a Plan to Attain Self-Sufficiency (PASS);
Amounts received by a participant in other publicly assisted programs that are
specifically for or in reimbursement of out-of-pocket expenses incurred (special
equipment, clothing, transportation, child care, etc.) and that are made solely to allow
participation in a specific program;
Amounts received under a resident service stipend. A resident service stipend is a
modest amount (not to exceed $200 per month) received by a resident for performing
a service for the Housing Authority or owner, on a part-time basis, that enhances the
quality of life in the development. Such services may include, but are not limited to,
fire patrol, hall monitoring, lawn maintenance, and resident initiative coordination.
No resident may receive more than one such stipend during the same period of time;
Incremental earnings and benefits resulting to any family member from participation
in qualifying State or local employment training programs (including training
programs not affiliated with a local government) and training of a family member as
resident management staff. Amounts excluded by this provision must be received
under employment training programs with clearly defined goals and objectives and
are excluded only for the period during which the family member participates in the
employment training program;
Temporary, nonrecurring, or sporadic income (including gifts);
Reparation payments paid by a foreign government pursuant to claims filed under the
laws of that government by persons who were persecuted during the Nazi era;
Earnings in excess of $480 for each full-time student 18 years old or older (excluding
the head of household and spouse);
Adoption assistance payments in excess of $480 per adopted child;
Deferred periodic amounts from Supplemental Security Income and Social Security
benefits that are received in a lump sum amount or in prospective monthly amounts;
Amounts received by the family in the form of refunds or rebates under State or local
law for property taxes paid on the dwelling unit;
Amounts paid by a State agency to a family with a member who has a developmental
disability and is living at home to offset the cost of services and equipment needed to
keep the developmentally disabled family member at home; or
Amounts specifically excluded by any other Federal statute from consideration as
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
income for purposes of determining eligibility or benefits. These exclusions include:
The value of the allotment of food stamps.



Payments to volunteers under the Domestic Volunteer Services Act of 1973
Payments received under the Alaska Native Claims Settlement Act
Income from sub-marginal land of the U.S. that is held in trust for certain Indian
tribes
 Payments made under HHS's Low-Income Energy Assistance Program
 Payments received under the Job Training Partnership Act
 Income from the disposition of funds of the Grand River Band of Ottawa Indians
 The first $2000 per capita received from judgment funds awarded for certain Indian
claims
 Amount of scholarships awarded under Title IV including Work-Study
 Payments received under the Older Americans Act of 1965
 Payments from Agent Orange Settlement
 Payments received under the Maine Indian Claims Act
 The value of child care under the Child Care and Development Block Grant Act of
1990
 Earned income tax credit refund payments
 Payments for living expenses under the AmeriCorps Program
-Sufficiency incentives) (Disabled Families
ONLY):
(1) The earnings and benefits to any resident resulting from the participation in a program
providing employment training and supportive services in accordance with the Family
Support Act of 1988, section 22 of the U.S. Housing Act of 1937, and the Quality
Housing and Work Responsibility Act of 1998 (referred to as the 1998 Act) or any comParable Federal, State, or local law during the exclusion period. For purposes of this
Paragraph, the following definitions apply:
(a) Comparable Federal, State or Local Law means a program providing employment
training and supportive services that:
law;
government;
agency;
in acquiring job skills, and/or
FSS Program.
(b) Exclusion period means the period during which the resident participates in a program
described in this section, plus 12 months from the date the resident begins the first job
acquired by the resident after completion of such program that is not funded by public
housing assistance under the U.S. Housing Act of 1937 and the 1998 Act. Amount
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previously being received, including TANF, will continue to be counted as annual
income.
© Earnings and benefits mean the incremental earnings and benefits resulting from a
qualifying employment-training program or subsequent job.
(2) In addition to the training exclusion listed above, the 1998 Act excludes the income
for 12 months of a family member who was previously unemployed for one or more
years, which is defined as a minimum of 12 consecutive months. This includes a person
who has earned income during the previous 12 months but the income was no more than
10 hours of work per week for 50 weeks at or below the established minimum wage. The
1998 Act also excludes the income for 12 months for any resident who received
assistance under the Temporary Assistance for needy Families (TANF) program in the
last six (6) months. The TANF funding received must be a minimum of $500 over a sixmonth period. A representative from the TANF agency must verify that the resident is or
was receiving TANF benefits within the last six months. The six month period will start
on the day the resident reports the income to the HA. Also, the 1998 Act excludes for 12
months the income resulting in the participating of a family member in EHA’s Family
Self-Sufficiency Program, if applicable to EHA.
(3) Phase-in of Rent Increases: Upon the expiration of the 12-month exclusion period as
described in this section, the rent payable by a family may be increased due to continued
employment of the resident but the increase will be limited to 50% of the increase in the
total rent increase. The increase will be effective on the first day of the thirteenth month
and expire on the twenty–fourth month. After the conclusion of the twenty-four month
period, the applicable rent calculated without exclusions, as described in this section,
and in accordance with federal regulations will be due and payable on the first of the
twenty-fifth month. Total income will include income counted in the previous twelve
months plus 50% of the increase.
(4) Maximum four-year disallowance. The disallowance of increased income of an
individual family member as provided above is limited to a lifetime 48-month period. It
only applies for a maximum of 24 months as described above during the 48-month
period starting from the initial exclusion period.
(5) Inapplicability to admission. The disallowance of increases in income as a result of
employment under this section does not apply for purposes of admission to the program.
(a) If a person is employed prior to admission they will not qualify for this income
exclusion.
(b) If a family member begins employment after admission they may be eligible for
income exclusion.
F. Verification of Income [24 CFR 982.516]
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EHA may also require a credit check to evaluate the family’s description of its income
compared to its credit relationships and recurring financial obligations.
This section defines the methods EHA will use to verify various types of income.
Employment Income
Verification forms request the employer to specify:
1. Dates of employment;
2. Amount and frequency of pay;
3. Date of the last pay increase;
4. Likelihood of change of employment status, and effective date of any known salary
increase during the next 12 months;
5. Year-to-date earnings; and
6. Estimated income from overtime, tips, and bonus pay expected during next 12 months.
Acceptable methods of verification include the following, in order of preference:
1. Wage reports from state or national data banks;
2. Employment verification form completed by the employer;
3. Oral confirmation of above information by EHA staff via phone with employer;
4. Consecutive check stubs or earning statements, which indicate the employee's gross
pay, frequency of pay or year-to-date earnings, and employee's name and Social
Security Number;
5. Income tax return forms for the most current year; and
6. Self-certifications (accompanied by income tax returns where possible) signed by the
family may be used for verifying self-employment income, or income from tips and
other gratuities. Applicants and program participants may be requested to sign an
authorization for release of information from the Internal Revenue Service.
If the participant does not provide documented proof, EHA will obtain proof to verify the
federal tax data using third-party verification.
In cases where there are questions about the validity of information provided by the
family, EHA will require the most recent federal income tax statements.
Where doubt regarding income exists, a referral to IRS for confirmation will be made on
a case-by-case basis.
Social Security, Pensions, Supplementary Security Income (SSI), Disability Income
Acceptable methods of verification include the following, in order of preference:
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1. Benefit verification form completed by agency providing the benefits;
2. Award or benefit notification letters prepared and signed by the providing agency;
and
3. Computer report electronically obtained or in hard copy.
Unemployment Compensation
Acceptable methods of verification include the following, in order of preference:
1. Verification form completed by the unemployment compensation agency; and
2. Computer report electronically obtained or in hard copy, from unemployment
office stating payment dates and amounts.
Welfare Payments or General Assistance
Acceptable methods of verification include the following, in order of preference:
1. Written statement from payment provider indicating the amount of grant/payment, start
date of payments, and anticipated changes in payment in the next 12 months;
2. Computer-generated notice of action; and
3. Computer-generated list of recipients from Department of Social and Health Services.
4. EHA phone verification form completed by EHA staff;
Alimony or Child Support Payments
Acceptable methods of verification include the following, in order of preference:
1. Computerized print-out of support payment history from Office of Support
Enforcement;
2. Copy of a separation or settlement agreement or a Divorce Decree stating amount
and type of support and payment schedules; or
3. A notarized letter from the person paying the support, if support agreement has not
been filed with the courts.
If payments are irregular, the family must provide one of the following forms of
verification depending on circumstances:
1. A welfare notice of action showing amounts received by the welfare agency for child
support;
2. A written statement from an attorney certifying that a collection or enforcement action
has been filed (only if support agreement was not filed through the courts).
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Note: If a client reports that child support payments have ceased, EHA will not adjust the
reported income unless the client provides acceptable verification (i.e. court order) or 30
days has passed since a payment was recorded.
Net Income from a Business
In order to calculate the income from a business, EHA will require the family to complete
the Section 8 Self Employment Certification form. In addition, the family must submit a
copy of their most recent tax return, if one has previously been filed. EHA will project
annual income based on the net amount the family declares unless there is a pattern of
under-reporting income established through a review of 2 previous years’ IRS and
financial documents.
Acceptable IRS and financial documents include the following, in order of preference:
1. IRS Form 1040, including:
a) Schedule C (Small Business);
b) Schedule E (Rental Property Income);
c) Schedule F (Farm Income); and
d) If accelerated depreciation was used on the tax return or financial statement, an
accountant's calculation of depreciation expense computed using straight-line
depreciation rules.
2. Audited or unaudited financial statement(s) of the business;
3. Credit report or loan application; and
4. Documents such as manifests, appointment books, cash books, bank statements, and
receipts will be used as a guide for the prior six months (or lesser period if not in business
for six months) to project income for the next 12 months. The family will be advised to
maintain these documents in the future if they are not available.
Child Care Business
If an applicant/participant is operating a licensed day care business, income will be
verified as with any other business. The family will be required to complete the Section 8
Self-Employment Certification form.
If the family has filed a tax return, the family will be required to provide it.
If child care services were terminated, a third-party verification will be sent to the parent
whose child was cared for, or EHA will accept a notarized letter from the parent.
Recurring Gifts
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The family must furnish a notarized letter from the person(s) who provide the gift(s)
which contains the following information:
1. Contact information for the person who provides the gifts;
2. The value of the gifts;
3. The regularity (dates) of the gifts; and
4. The purpose of the gifts.
Zero Income Status
Families claiming to have no income will be required to sign a Zero Income Affidavit
(completed by head of household and adult zero income family members).
EHA will verify the absence of benefits from Employment Security and the Department
of Social and Health Services for all adult household members claiming to have no
income. In addition, if there are minors residing in the household EHA will verify the
absence of child support income through the Office of Support Enforcement. If there is a
previous history of Social Security or Social Security Insurance income, EHA will
require verification of the date the benefit was terminated. EHA will pursue verification
through all sources at its disposal if information is received that indicates the family has
income or circumstances other than what the family has reported. EHA may also conduct
a credit check to evaluate the family’s description of its income compared to its credit
relationships and recurring financial obligations.
Additionally, applicants/participants reporting zero income will be asked to complete a
family expense form to document how much they spend on: food, transportation, health
care, child care, debts, household items, etc. and what the source of income is for those
expenses.
Full-time Student Status
Only the first $480 of the earned income of full-time students, other than head, co-head,
or spouse, will be counted towards family income.
Financial aid, scholarships and grants received by full-time students are not counted
towards family income but verification of the frequency and amount of funds received is
required. Verification of full-time student status includes written verification from the
registrar’s office or other school official that the student is enrolled during the
semester/quarter the family’s eligibility review is taking place. School verification must
include confirmation of full-time status according to the standards of the institution.
If the above listed verification is not available due to the time of the regularly scheduled
review, EHA will accept any documentation from the institution that shows the student
will be enrolled full-time in the regular school year.
G. Income from Assets [24 CFR 982.516]
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Savings Account Interest Income and Dividends
Acceptable methods of verification include the following, in order of preference:
1. Account statements, passbooks, certificates of deposit, or PHA verification forms
completed by the financial institution;
2. Broker’s statements showing value of stocks or bonds and the earnings credited the
family (earnings can be obtained from current newspaper quotations or broker’s oral
verification); and
3. IRS Form 1099 from the financial institution, provided that EHA adjusts the
information to project earnings expected for the next 12 months.
Interest Income from Mortgages or Similar Arrangements
Acceptable methods of verification include the following, in order of preference:
1. A letter from an accountant, attorney, real estate broker, the buyer, or a financial
institution stating interest due for next 12 months. (A copy of the check paid by the
buyer to the family is not sufficient unless a breakdown of interest and principal is
shown); and
2. Amortization schedule showing interest for the 12 months following the effective date
of the certification or recertification.
Net Rental Income from Property Owned by Family
Acceptable methods of verification include, in this order:
1. IRS Form 1040, with Schedule E (Rental Income);
2. Copies of latest rent receipts, leases, or other documentation of rent amounts;
3. Documentation of allowable operating expenses of the property: tax statements,
insurance invoices, bills for reasonable maintenance and utilities, and bank statements or
amortization schedules showing monthly interest expense; and
4. Lessee's written statement verifying rent payments to the family and family's selfcertification as to net income realized.
H. Verification of Assets
Family Assets
EHA will require the information necessary to determine the current cash value of the
family's assets (the net amount the family would receive if the asset were converted to
cash).
Acceptable verification may include any of the following:
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1. Verification forms, letters, or documents from a financial institution or broker;
2. Passbooks, checking account statements, certificates of deposit, bonds, or financial
statements completed by a financial institution or broker;
3. Quotes from a stock broker or realty agent as to net amount family would receive if
they liquidated securities or real estate;
4. Real estate tax statements if the approximate current market value can be deduced
from assessment;
5. Financial statements for business assets;
6. Copies of closing documents showing the selling price and the distribution of the sales
proceeds;
7. Appraisals of personal property held as an investment; and
8. Family's self-certification describing assets or cash held at the family's home or in safe
deposit boxes.
Assets Disposed of for Less than Fair Market Value (FMV) During Two Years Preceding
Effective Date of Certification or Recertification
For all certifications and recertification’s, EHA will obtain the family's certification as to
whether any member has disposed of assets for less than fair market value during the two
years preceding the effective date of the certification or recertification.
If the family certifies that they have disposed of assets for less than fair market value,
verification or certification is required that shows:
1. All assets disposed of for less than FMV;
2. The date they were disposed of;
3. The amount the family received; and
4. The market value of the assets at the time of disposition.
Third-party verification will be obtained wherever possible.
I. Verification of Allowable Deductions from Income [24 CFR 982.516]
Child Care Expenses
Written verification from the person who receives the payments is required. If the child
care provider is an individual, he or she must provide a statement of the amount he or she
is charging the family for their services.
Verifications must specify the child care provider's name, address, telephone number,
Social Security Number or business tax ID number, the names of the children cared for,
the number of hours the child care occurs, the rate of pay, and the typical yearly amount
paid, including school and vacation periods.
The family's certification must address whether any of those payments have been, or will
be, paid or reimbursed by outside sources.
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If the family’s child care expenses are subsidized, EHA will accept verification of the copayment the family is responsible for as verification of child care expenses.
Medical Expenses
Families who claim medical expenses will be required to submit a certification as to
whether or not any expense payments have been, or will be, reimbursed by an outside
source. All expense claims will be verified by one or more of the methods listed below:
1. Written verification by a doctor, hospital or clinic personnel, dentist, pharmacist, of:
a) The anticipated medical costs to be incurred by the family and regular payments
due on medical bills; and
b) The extent to which those expenses will be reimbursed by insurance or a
government agency.
2. Receipts, canceled checks, and print-outs for office and prescription co-pays that
document the out-of-pocket medical cost incurred by the family for the 12 months
previous to the certification or recertification effective date may be accepted to project
annual medical expenses. EHA will require that the family submit documentation from
the healthcare provider that states it is reasonable to assume the health issue is ongoing
and will require a similar course of treatment;
3. Written confirmation by the insurance company or employer of health insurance
premiums to be paid by the family; and
4. Written confirmation from the Social Security Administration of Medicare premiums
to be paid by the family over the next 12 months. A computer print-out will be
accepted. If EHA has documentation that Medicare premiums are being deducted from
the monthly Social Security benefit amount, EHA will automatically include a $100
annual Medicare deductible as an expense without requiring further documentation.
For attendant care:
1. A reliable, knowledgeable professional's certification that the assistance of an attendant
is necessary as a medical expense and a projection of the number of hours the care is
needed for calculation purposes;
2. Attendant's written confirmation of hours of care provided and amount and frequency
of payments received from the family or agency (or copies of canceled checks the
family used to make those payments) or stubs from the agency providing the services;
3. Receipts, canceled checks, or pay stubs that verify medical costs and insurance
expenses likely to be incurred in the next 12 months;
4. Copies of payment agreements or most recent invoice to verify payments made on
outstanding medical bills that will continue over all or part of the next 12 months;
5. Receipts or other record of medical expenses incurred during the past 12 months that
can be used to anticipate future medical expenses. EHA may use this approach for
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“general medical expenses” such as non-prescription drugs and regular visits to doctors
or dentists, but not for one-time, non-recurring expenses from the previous year; and
6. EHA will use mileage at the IRS rate, or cab fare, bus fare, or other public
transportation fare for verification of the cost of transportation directly related to
medical treatment.
Assistance to Persons with Disabilities [24 CFR 5.611 (a) (ii)]
In all cases:
1. Written certification from a reliable, knowledgeable professional that the person
with disabilities requires the services of an attendant and/or the use of auxiliary
apparatus to permit him/her to be employed or to function independently enough
to enable another family member to be employed; and
2. Family's certification as to whether they receive reimbursement for any of the
expenses of disability assistance and the amount of any reimbursement received.
Attendant care:
1. Attendant's written certification of amount received from the family, frequency of
receipt, and hours of care provided; and
2. Certification of family and attendant and/or copies of canceled checks family used to
make payments.
Auxiliary apparatus:
1. Receipts for purchases or proof of monthly payments and maintenance expenses for
auxiliary apparatus; and
2. In the case where the person with disabilities is employed, a statement from the
employer that the auxiliary apparatus is necessary for employment.
In all cases where EHA is counting medical expenses as deductions for a family, EHA
will adhere to IRS guidelines regarding permissible and non-permissible medical
expenses. Where the IRS guidelines are not sufficiently detailed, as in the case of some
expenses allowable for persons with a disability, EHA staff may request a ruling from
EHA’s Legal Department as to whether the expenses are required to be considered under
applicable law, and may also request verification from a medical professional that the
medical expenses are necessary and reasonable.
J. Verifying Non-Financial Factors [24 CFR 982.551]
Verification of Legal Identity
In order to prevent program abuse, EHA will require applicants to furnish verification of
legal identity for all family members.
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The documents listed below will be considered acceptable verification of legal identity
for adults. If a document submitted by a family is illegible or otherwise questionable,
more than one of these documents may be required:
1. Naturalization papers;
2. Current, valid driver’s license;
3. U.S. military identification;
4. U.S. passport;
5. Company/agency identification card;
6. Department of Motor Vehicles identification card; and
7. Certificate of Birth.
Documents considered acceptable for the verification of legal identity for minors may be
one or more of the following:
1. Certificate of Birth or hospital verification of birth;
2. Adoption papers;
3. Custody agreement; and
4. School records.
Verification of Marital Status
Verification of divorce status will be a Certified Copy of the Divorce Decree, signed by a
Court Officer.
Verification of a separation may be a copy of court-ordered maintenance or other records.
Verification of marriage status is a Marriage Certificate.
Familial Relationships
Self-certification will normally be considered sufficient verification of family
relationships. In cases where reasonable doubt exists, the family may be asked to provide
verification. In those instances when the family is requesting to add a new member to the
household additional verification will be required.
The following verifications will be required if applicable:
Verification of relationship:
1. Birth Certificates or hospital verification of birth;
2. Baptismal Certificates where the names of the parent(s) and the birth date are noted;
3. Official court paperwork of custody assignment or adoption decree; and
4. School records.
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Verification of guardianship:
1. Court-ordered assignment.
2. School enrollment confirmation of guardianship.
3. Division of FSSA placement verification.
Verification of Permanent Absence of Family Member
If an adult member who was formerly a member of the household is reported
permanently absent by the family, EHA will consider any of the following as verification:
1. Husband or wife institutes divorce action;
2. Husband or wife institutes legal separation;
3. Order of protection/restraining order is obtained by one family member against
another;
4. Proof of another home address is provided, such as utility bills, canceled checks for
rent, driver’s license issued within last 90 days, or lease or rental agreement;
5. If the adult family member is incarcerated, a document from the court or correctional
facility should be obtained stating how long they will be incarcerated; or
Verification of Change in Family Composition
EHA may verify changes in family composition (either reported or unreported) through
letters, telephone calls, utility records, inspections, landlords, neighbors, credit data,
school or DMV records, and other sources.
Verification of Disability
Verification of disability for the purpose of qualifying for a deduction from income must
be receipt of SSI or SSA disability payments under Section 223 of the Social Security
Act or 102(7) of the Developmental Disabilities Assistance and Bill of Rights Act (42
U.S.C. 6001(7) or verification by an appropriate diagnostician such as a physician,
psychiatrist, psychologist, therapist, rehabilitation specialist, or licensed social worker,
using the HUD language as the verification format.
Verification of Citizenship/Eligible Immigrant Status [24 CFR 5.508, 5.510, 5.512,
5.514]
To be eligible for assistance, individuals must be U.S. citizens or eligible immigrants.
Individuals who are neither may elect not to contend their status. Eligible immigrants
must fall into one of the categories specified by the regulations and must have their status
verified by Immigration and Naturalization Service (INS). Each family member must
declare his or her status once. Assistance cannot be delayed, denied, or terminated while
verification of status is pending.
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Citizens or Nationals of the United States are required to sign a declaration of citizenship
under penalty of perjury.
EHA will not require citizens to provide documentation of citizenship other than their
certification on EHA's Declaration of Citizenship form.
Eligible Immigrants who were Participants and 62 or Over on June 19, 1995, are required
to sign a declaration of eligible immigration status and provide proof of age.
Non-Citizens with Eligible Immigration Status must sign a declaration of status and
verification consent form and provide their original immigration documents which EHA
will copy front and back and return to the family. EHA verifies the status through the INS
SAVE system. If this primary verification fails to verify status, EHA must request within
10 days that the INS conduct a manual search.
Ineligible Family Members who do not claim to be citizens or eligible immigrants must
be listed on a statement of ineligible family members signed by the head of household or
spouse.
Non-Citizen Students on Student Visas are ineligible members even though they are in
the country lawfully. They must provide their student visa but their status will not be
verified and they do not sign a declaration but are listed on the statement of ineligible
members.
Time of Verification
For participants, verification of U.S. citizenship/eligible immigrant status occurs at each
annual recertification.
For family members added after other members have been verified, the verification
occurs at the initial processing of a new family member and at each annual recertification
thereafter. Additionally, once verification has been completed for any covered program,
in the case of port-in/out families, or if the initial PHA does not supply the documents,
the EHA must conduct the determination of eligibility and the verification of U.S.
citizenship/eligible immigrant status will be required.
Extensions of Time to Provide Documents
EHA will grant an extension of 10 business days for families to submit evidence of
eligible immigrant status.
Acceptable Documents of Eligible Immigration
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The regulations stipulate that only the following documents are acceptable unless
changes are published in the Federal Register:
1. Resident Alien Card (I-551);
2. Alien Registration Receipt Card (I-151);
3. Arrival-Departure Record (I-94);
4. Temporary Resident Card (I-688);
5. Employment Authorization Card (I-688B); and
6. Receipt issued by the INS for issuance of replacement of any of the above documents
that shows individual's entitlement has been verified.
Failure to Provide
If a participant family member fails to sign required declarations and consent forms or
provide documents, as required, they must be listed as an ineligible member. If the entire
family fails to provide and sign as required, the family will be denied or terminated for
failure to provide required information
A birth certificate is not acceptable verification of status.
All documents in connection with U.S. citizenship/eligible immigrant status must be kept
five years.
If EHA determines that a family member has knowingly permitted another individual
who is not eligible for assistance to reside permanently in the family's unit, the family's
assistance will be terminated for 36 months, unless the ineligible individual has already
been considered in pro-rating the family's assistance.
K. Verification of Social Security Numbers [24 CFR 5.216]
Social Security Numbers must be provided as a condition of eligibility for all family
members age 6 and over if they have been issued a number. Verification of Social
Security Numbers will be done through a Social Security card issued by the Social
Security Administration. If a family member cannot produce a Social Security card, only
the documents listed below showing his or her Social Security Number may be used for
verification:
1. Identification card issued by a federal, state or local agency;
2. Identification card issued by a medical insurance company or provider (including
Medicare and Medicaid);
3. An identification card issued by an employer or trade union;
4. An identification card issued by a medical insurance company;
5. Earnings statements or payroll stubs;
6. Bank statements;
7. IRS Form 1099;
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8. Benefit award letters from government agencies;
9. Retirement benefit letter;
10. Life insurance policies;
11. Court records such as real estate, tax notices, marriage and divorce, judgment or
bankruptcy records; and
12. Verification of benefits or Social Security Number from Social Security
Administration.
New family members ages 6 and older will be required to produce their Social Security
card or provide the substitute documentation described above. This information is to be
provided at the time the change in family composition is reported to EHA.
If an applicant or participant is able to disclose the Social Security Number but cannot
meet the documentation requirements, the applicant or participant must sign a
certification to that effect provided by EHA. The applicant/participant or family member
will have an additional 60 days to provide proof of the Social Security Number. If they
fail to provide this documentation, the family's assistance will be terminated.
In the case of an individual at least 62 years of age, EHA may grant an extension for an
additional 60 days to a total of 120 days. If, at the end of this time, the elderly individual
has not provided documentation, the family's assistance will be terminated.
If the family member states they have not been issued a number, the family member will
be required to sign a certification to this effect.
L. Proof of Identity: Applicant Identification
The EHA requires each adult member of an applicant family to provide proof of identity
in the form of a government issued photo identification card. The card must, at a
minimum, identify the adult by name and date of birth and must be a valid, unexpired,
card. A live-in aide must provide a photo identification card at the time the family
requests EHA approval of the aide. The card must be valid (not expired) and must, at a
minimum, identify the aide by name and birth date. A copy of both forms of
identification must be maintained in the client folder for as long as the aide resides with
the family.
No adult shall be admitted to an assisted housing program unless he or she has provided
the EHA with a valid photo identification card. A copy of each identification card shall
be maintained in the client folder. When minors in the assisted family reach the age of 18
they shall be required to provide a government issued photo identification card for the
client folder at the first reexamination of income following their 18 birthday.
M. Verification of Utilities: When participating in the HCV program the utilities for an
assisted unit must be in the name of the Head of Household and or spouse. These utilities
must be maintained for the duration of assistance in a particular unit.
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N. Verification of Waiting List Preferences
PREFERENCES*
When applying for the Housing Choice Voucher program, an applicant may claim
qualification for one or all of EHA approved preferences/local preferences. However
eligibility for a preference does not automatically make an applicant eligible for Section 8
assistance. The household must also qualify under EHA eligibility factors. A preference
affects how soon an applicant will be issued a voucher. An applicant with a preference
will be selected to receive a voucher before an applicant without a preference, even if the
applicant without a preference applied for the program first.
Extremely Low Income Families
The family’s gross annual income (i.e. all forms of income received by the family prior to
any deductions and annualized over a 12-month period) will be obtained by using the
income verification methods described earlier in this chapter.
The gross annual income will then be compared to HUD’s Extremely Low-Income
Limits for the Evansville statistical area and adjusted for household size. If the family
does not qualify based on the current annualized income, the gross annual income for the
12-month period prior to the determination of eligibility shall be compared to HUD’s
current Extremely Low-Income Limits for the Evansville statistical area and adjusted for
household size.
Verification Requirements for Individual Items
3rd party verification
Hand-carried verification
Social Security Number
Letter from Social Security,
electronic reports
Social Security card
Citizenship
N/A
Signed certification, voter's
registration card, birth
certificate, etc.
Eligible immigration status
INS SAVE confirmation #
INS card
Disability
Letter from medical professional,
SSI, etc.
Proof of SSI or Social Security
disability payments
Item to Be Verified
General Eligibility Items
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Verification Requirements for Individual Items
Item to Be Verified
3rd party verification
Hand-carried verification
Full time student status (if
>18)
Letter from school
For high school students, any
document evidencing
enrollment
Need for a live-in aide
Letter from doctor or other
professional knowledgeable of
condition
N/A
Child care costs
Letter from care provider
Bills and receipts
Disability assistance
expenses
Letters from suppliers, care givers,
etc.
Bills and records of payment
Medical expenses
Letters from providers,
Prescription record from pharmacy,
medical professional's letter stating
assistance or a companion animal is
needed
Bills, receipts, records of
payment, dates of trips,
mileage log, receipts for fares
and tolls
Value of and Income from Assets
Savings, checking
accounts
Letter from institution
Passbook, most current
statements
CDs, bonds, etc.
Letter from institution
Tax return, information
brochure from institution, the
CD, the bond
Stocks
Letter from broker or holding
company
Stock or most current
statement, price in newspaper
or through Internet
Real property
Letter from tax office, assessment,
etc.
Property tax statement (for
current value), assessment,
records or income and
expenses, tax return
Personal property
Assessment, bluebook, etc.
Receipt for purchase, other
evidence of worth
Cash value of life
insurance policies
Letter from insurance company
Current statement
Assets disposed of for less
than fair market value
N/A
Original receipt and receipt at
disposition, other evidence of
worth
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Verification Requirements for Individual Items
3rd party verification
Hand-carried verification
Earned income
Letter from employer
Multiple pay stubs
Self-employed
N/A
Tax return from prior year,
books of accounts
Regular gifts and
contributions
Letter from source, letter from
organization receiving gift (i.e., if
grandmother pays day care provider,
the day care provider could so state)
Bank deposits, other similar
evidence
Alimony/child support
Court order, letter from source, letter
from Human Services
Record of deposits, divorce
decree
Periodic payments (i.e.,
social security, welfare,
pensions, workers' comp,
unemployment)
Letter or electronic reports from the
source
Award letter, letter announcing
change in amount of future
payments
Training program
participation
Letter from program provider
indicating
- whether enrolled
- whether training is HUD-funded
- whether State or local program
- whether it is employment training
- whether payments are for out- ofpocket expenses incurred in order to
participate in a program
N/A
Item to Be Verified
Income
3.
Additional Documentation that may be required in determining eligibility:










Temporary Assistance To Needy Families (TANF)
Birth Certificate, or Driver’s License that displays the date of Birth and/or
form (s) that are issued by a Federal, State, City or County Agency that
displays the date of Birth.
Child Care Verification
Credit References (History)
Employer's Verification
Landlord Verification
Social Security Benefits
Assets Verification
Bank Accounts: Checking Accounts - $500 + Balance
Saving Accounts - $100 + Balance
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












Marriage Certificate: If a marriage certificate is not available the following
information is acceptable
Driver’s License that displays the same address and last names
Federal Tax Forms that indicate that the family filed taxes as a married couple
during the last tax reporting period.
Other acceptable forms of documentation of marriage would include any
document that has been issued by a Federal, State, City or County
Government and indicates that the individuals are living as a married couple.
Couples that are considered married under common law can provide the same
information, as listed above, to document that they are living together as a
married couple.
The couple also certifies in their application for housing that they are married.
Personal References: Personal references (other than from family members)
may be used when an applicant cannot produce prior rental history records.
Personal References must be notarized.
Police Report(s)
Current reports from drug treatment centers or facilities
Supplemental Social Security Income (SSI) Benefits
Unemployment Compensation
VA Benefits
Documentation to support medical expenses
Any other reasonable information needed to determine eligibility may be
requested by the HA.
HUD GUIDELINES FOR PROJECTING ANNUAL INCOME
WHEN ENTERPRISE INCOME VERIFICATION (EIV)
DATA IS AVAILABLE
The following guidelines are provided to assist PHA’s in consistently and uniformly
resolving income discrepancies.
HUD has established the criteria for what constitutes a substantial difference in cases
where EIV income data differs from tenant-provided and/or other verified income
information. HUD defines a substantial difference as one that is $200 or more per
month.
EIV Income Data is not substantially different than Tenant-Provided Income
Information
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EIV may alleviate the need for 3rd party verifications when there is not a substantial
difference between EIV and tenant-reported income.
In cases where EIV income data is not substantially different than tenant-reported
income, PHAs should follow guidelines below:

If EIV income data is less than current tenant-provided documentation, the PHA
will use tenant-provided documents to calculate anticipated annual income.

If EIV income data is more than current tenant-provided documentation, the
PHA will use EIV income data to calculate anticipated annual income unless the
tenant provides the PHA with documentation of a change in circumstances (i.e.
change in employment, reduction in hours, etc.). Upon receipt of acceptable
tenant-provided documentation of a change in circumstances, the PHA will use
tenant-provided documents to calculate anticipated annual income.
EIV Income Data is Substantially Different than Tenant-Provided Income
Information
In cases where EIV income data is substantially different than tenant-reported income,
PHAs shall follow the guidelines below:

The PHA shall request written third party verification from the discrepant income
source, in accordance with 24 CFR 5.236(3)(i).

The PHA should review historical income data for patterns of employment, paid
benefits, and/or receipt of other income, when the PHA cannot readily anticipate
income, such as in cases of seasonal employment, unstable working hours, and
suspected fraud.

The PHA must analyze all data (EIV data, third party verification and other
documents/information provided by the family) and attempt to resolve the income
discrepancy.

The PHA will use the most current verified income data (and historical income
data if appropriate) to calculate anticipated annual income.
Comments:
HUD recommends that tenant-provided documents should be dated within the last 60
days of the PHA interview date.
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If the PHA is unable to anticipate annual income using current information due to
historical fluctuations in income, the PHA may average amounts received/earned to
anticipate annual income.
Note that if the tenant disputes EIV Social Security (SS)/ Supplemental Security Income
(SSI) benefit data, the PHA should request the tenant to provide the PHA with a current,
original Social Security Administration (SSA) notice or benefit letter within 10 business
days of the PHA interview date. The tenant may contact SSA at 1-(800) 772-1213 or visit
their local SSA office.
Resources for Historical Income Data:

Social Security Earnings Statement (summary of gross earnings for each
year that the participant has worked in his/her lifetime) may be obtained
from the Social Security Administration. Request for this document may
be done via mail or online at www.ssa.gov

Two years of earnings may be obtained from the EIV System or local
State Wage Information Collection Agency (SWICA). This information is
not available to PHAs in States that the local SWICA has entered into an
agreement with HUD to obtain wage and unemployment compensation
data.

Last eight (8) amounts of Social Security benefits paid to a participant (or
household member) may be obtained from the TASS or EIV system.
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ATTACHMENT A”
CHRONOLOGICAL INCOME VERIFICATION PROCESS
ACTION STEPS
1st Up-front income verification (UIV)/Enterprise Income Verification (EIV), Work
Number). If desired information is NOT obtained go to next step.
2nd Third party written verification. Send standard income verification to income
source(s). May be sent by mail for fax.
NOTE: If a desirable response is not received in a timely manner a 2nd letter may be sent
but not required in all cases. If desired information is NOT obtained go to next
step.
3rd Third Party oral verification (documented to file). This could be via phone or
interview by staff. A written record of this contact should be prepared by the HA that
includes: date/time of contact, name and source of information, the HA staff person,
summary of information provided, and the reason for using oral verification. If desired
information is NOT obtained go to next step.
4th Document Review: Participant file documentation may include a record of
documentation reviewed by the HA staff which supports the family’s statement. If
possible, original copies (not photocopies) of supporting documents should be reviewed,
thought the HA should photocopy the document(s) (unless prohibited by law) and place
in the applicant’s file. The HA staff reviewing the document(s) should prepare a
summary of the information and sign/date this summary. This summary should include
the reason for using document review as verification and again, if possible, the HA
should follow-up with a third party to obtain written verification letter. If desired
information is NOT obtained go to next step.
5th Family Declaration or Certification: When all other forms of verification are
impossible to obtain, the HA can obtain a notarized statement or signed affidavit from the
family, attesting to the accuracy of the information provided. The applicant’s file should
clearly document why other forms of verification were impossible to obtain. Please note
that this type of documentation should rarely be used and should not be used merely for
the convenience of the applicant or the HA, or where the applicant cannot provide the
necessary information.
NOTE: Use to verify required information; however, may require reverification in three months or less.
Policy:
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133
The HUD EIV (enterprise income verification)/UIV (upfront income verification)
system will be used as the preferred method of verifying income of Public Housing
(Low Rent) and Section 8 (housing choice voucher) programs. EIV/UIV information is
to be considered confidential and may only be utilized for the intended purpose of
verifying income for eligibility and continued eligibility. The EIV/UIV data is subject
to the provisions of the Federal Privacy Act (5 U.S.C. § 552, As Amended By Public
Law No. 104-231, 110 Stat. 3048), The Freedom of Information Act (5 U.S.C. § 552,
As Amended By Public Law No. 104-231, 110 Stat. 3048), and any related
amendments.
Privacy Act Requirements:
Whenever the HA requests information about a tenant the HA should ensure the
following:
1. The data is only used for verification of tenant income to determine:
a. A tenant's eligibility for participation in a rental assistance program
b. The level of assistance that they are entitled to receive
2. It is not disclosed in any way that would violate the privacy of the individuals
represented in the system:
3. The tenant is notified of the following:
a. HUD or the PHA's authorization and purpose for collecting the
information
b. The uses that may be made of the data collected, and
c. The consequences to the individual for failing to provide the
information
4. On request, the tenant is provided with access to records pertaining to
them and an opportunity to correct or challenge the contents of the
records.
Civil Penalties Associated with the Privacy Act:
1.
2.
A tenant may take legal action against HUD or a PHA for the following agency
actions:
a. Refusal to grant access to a record
b. Refusal to amend or correct a record
c. Failure to maintain a record with accuracy, relevancy, timeliness or completeness
d. Failure to comply with any other provision of the Privacy Act, where there is an
adverse effect on the tenant
If found liable, HUD or the PHA will be required to pay the tenant:
a. Damages sustained as a result of the agency's action.
b. The costs of the lawsuit, including reasonable attorney fees.
Criminal Penalties Associated with the Privacy Act:
A HUD or PHA employee can be found guilty of a misdemeanor or a felony if that
employee, knowingly and willfully:
1. Discloses a tenant or tenants records to an unauthorized party.
2. Maintains a system of records without publishing a public notice.
3. Fraudulently represents himself/herself to obtain another individual's record.
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Definitions:
Administrator/Coordinator
Authorized User:
EIV
Employee
Improper Disclosure
Internet
Intranet
Monitor/CRT
Need-to Know
Proper Disposal
REAC
Secure System WASS
User ID
Security Officer
UIV
WASS
HCVP Administrative Plan
The HA employee, usually designated by the Executive Director
who is responsible for authorizing access to WASS. Note: this
person is not allowed to obtain EIV/UIV information.
An authorized user is one who is employed by the HA, has a need
to know, and has been authorized WASS access by the Executive
Director or his/her designated representative who is the
(Administrator/Coordinator).
Enterprise Income Verification System.
For the purposes of this document "Employee" shall mean a person
on the Housing Authority payroll.
The viewing or removal of EIV/UIV data by a/an unauthorized
individual(s).
An interconnected system of networks that connects computers
around the world.
A privately maintained computer network that can be accessed only
by authorized persons, especially members or employees of the
organization that owns it.
A video display attached to a computer that displays information.
A criterion used in security procedures that requires the custodians
of secure information to establish, prior to disclosure, that the
intended recipient must have access to the information to perform
his or her official duties.
The disposal of EIVIUIV information by either burning or
shredding.
Real Estate Assessment Center.
A secure id issued to a user enabling access to the system.
The HA employee so designated by the Executive Director to
monitor and insure users EIV/UIV compliance. Note: this person is
not allowed to obtain EIV/UIV information.
Up-Front Income Verification.
HUD's Web Access Security System (Secure connection/Secure
systems)
135
Chapter 9
VOUCHER BRIEFINGS/VOUCHER TERMS
[24 CFR 982.301, 982.302]
EHA will conduct a mandatory briefing at the time it issues a voucher to a new
participant family, to ensure that the family knows how the program works. The briefing
will provide a broad description of owner and family responsibilities, EHA procedures,
and information on how to lease a unit. The family will also receive a briefing packet
which provides more detailed information about the program, including the benefits of
moving outside areas of poverty and minority concentration. This chapter describes how
briefings will be conducted, the information that will be provided to families, and the
policies for extensions and suspensions of vouchers.
It also addresses new voucher issuances when family composition changes.
A. Briefing Types and Required Attendance [24 CFR 982.301]
Initial Applicant Briefing
A full briefing, as required by HUD, will be conducted for applicant families at the time
their vouchers are issued. Families may attend group briefings and then meet individually
with EHA staff that will issue their voucher and provide further detailed information
about the program as necessary. This briefing shall include incoming portable families
with proper documentation.
Briefings will be conducted in English.
EHA will not issue a voucher to a family unless the household representative has
attended a briefing and signed the voucher.
Move Briefing
A move briefing will be held for participants who will be reissued a voucher to move,
and have given notice of intent to vacate to their landlord. This briefing shall include
outgoing portable families. It may be conducted in a group format or through a personal
interview.
Owner Briefing
Briefings are held for owners periodically. Prospective owners are also welcome. The
purpose of the briefing is to assure successful owner participation in the program. The
briefing covers the responsibilities and roles of the three parties.
The EHA provides group briefings for new owners and any other owners who wish to
attend at least annually.
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136
Interested owners who request to sit in on scheduled family briefings to obtain
information about the Voucher Program will be allowed to do so.
Missing Scheduled Briefings
Applicants who provide prior notice of inability to attend a briefing will automatically be
scheduled for the next available briefing.
Applicants who fail to attend two scheduled briefings, without prior notification and
approval by EHA, may be denied admission based on failure to supply information
needed for certification. The applicant will be notified of such withdrawal and
determination of ineligibility and of his/her right to an informal review as outlined in
Chapter 19 Complaints and Appeals.
The briefing format for families who have family members with disabilities may be
modified upon request by the family. This includes conducting one-on-one briefings on
site or outside the office. Such families may, however, be required to complete a formal
written request for an accommodation of the disability.
Content of Briefings [24 CFR 982.301(a)]
The briefing shall include information on the following subjects:
1. A description of how the voucher program works;
2. Family and owner responsibilities;
3. Where the family may lease a unit, including renting a dwelling unit inside or outside
EHA’s jurisdiction;
4. An explanation of how portability works;
5. The advantages of moving to an area that does not have a high concentration of low
income families; and
6. Any local obligations of Welfare to Work (WtW) family and an explanation that
failure to meet these obligations is grounds for denial or termination of assistance.
Briefing Packet [24 CFR 982.301(b)]
The family shall be provided a briefing packet which will include the following
information required by 24 CFR 982.301(b), including the following:
1. The term of the voucher, and EHA policy on any extensions or suspensions of the
term. If EHA allows extensions, the packet must explain how the family can request
an extension;
2. How EHA determines the amount of the Housing Assistance Payment for a family,
including:
a) How EHA determines the payment standard for a family; and
b) How EHA determines the Total Tenant Payment for a family.
3. How EHA determines the maximum rent for an assisted unit;
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4. Where the family may lease a unit. For a family that qualifies to lease a unit outside
EHA jurisdiction under portability procedures, the information packet must include
an explanation of how portability works;
5. The HUD-required Tenancy Addendum that must be included in the lease;
6. The form that the family uses to request EHA approval of the assisted tenancy, and an
explanation of how to request such approval;
7. A statement of EHA policy on providing information about a family to prospective
owners;
8. EHA subsidy standards, including when EHA will consider granting exceptions to the
standards;
9. The HUD brochure on how to select a unit;
10. Information on federal, state and local equal opportunity laws, and a copy of the
housing discrimination complaint form;
11. A list of landlords or other parties known to EHA who may be willing to lease a unit
to the family or help the family fined a unit, including information on the availability
of accessible units for people with disabilities;
12. Family obligations under the program; and
13. EHA informal hearing procedures. This information must describe when EHA is
required to give a participant family the opportunity for an informal hearing, and how
to request a hearing.
14. Procedures for notifying the EHA and/or HUD of program abuses such as side
payments,
extra charges, violations of tenant rights, and owner failure to repair.
15. The family’s rights as a tenant and a program participant.
16. The grounds on which the HA may terminate assistance for a participant family
because of family action or failure to act; and
17. Requirements for reporting changes between certifications.
18. Information on the payment standard and the utility allowance schedule
19. Information on security deposits.
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Other information to be provided at the briefing [24CFR 982.301(a)]
The person conducting the briefing will also describe how the program works and the
relationship between the family and the owner, the family and the EHA, and the EHA
and the owner.
The briefing presentation emphasizes:
 Family and owner responsibilities
 Where a family may lease a unit inside and outside its jurisdiction
 How portability works for families eligible to exercise portability
 Exercising choice in residency
 Choosing a unit carefully and only after due consideration
 The Family Self Sufficiency program and its advantages.
If the family includes a person with disabilities, the EHA will ensure compliance with
CFR 8.6 to ensure effective communication.
B. Assistance to Families Who Claim Discrimination
EHA will give participants a copy of HUD Form 903 to file a complaint and/or refer
them to the Human Relations Commission located in room 209 Civic Center Complex.
C. Term of Voucher: Expiration, Suspension, Extensions [24 CFR 982.303,
982.54(d)(11)]
During the briefing session, each household will be issued a voucher, which represents a
contractual agreement between EHA and the family, specifying the rights and
responsibilities of each party. It does not constitute admission to the program, which
occurs when the lease and contract become effective.
Term and Expiration of Voucher
The voucher is valid for a period of at least 60 calendar days from the date of issuance.
The family must have a Request for Tenancy and Lease submitted on their behalf by a
landlord within the 60-day period, unless an extension has been granted by EHA.
If the voucher expires, and is not extended by EHA prior to the date of expiration, the
family will be denied assistance.
Once a family’s housing choice voucher term (including any extensions) expires, the
family is no longer eligible to search for housing under the program.
The family will not be entitled to a review or hearing when a voucher expires.
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If the family is currently assisted, and has been issued a voucher to move, they may
remain as a participant in their unit for as long as there is an assisted lease/contract in
effect.
EHA Policy
If an applicant family’s voucher term or extension expires before the PHA has
submitted a Request for Tenancy Approval (RTA), the PHA will require the
family to reapply for assistance.
Within 30 calendar days after the expiration of the voucher term or any extension,
the PHA will notify the family in writing that the voucher term has expired and
that the family must reapply in order to be placed on the waiting list.
Suspensions of Voucher Term [24 CFR 982.303(c)]
At its discretion, a PHA may adopt a policy to suspend the housing choice voucher term
if the family has submitted a Request for Tenancy Approval (RTA) during the voucher
term. “Suspension” means stopping the clock on a family’s voucher term from the time a
family submits the RTA until the time the EHA approves or denies the request [24 CFR
982.4]. The PHA’s determination not to suspend a voucher term is not subject to informal
review [24 CFR 982.554(c) (4)].
EHA Policy
When a Request for Tenancy Approval and a proposed lease are received by the
EHA,
Suspension, also known as Tolling, will start on the date an applicant submits a
Request for Tenancy Approval (RTA) packet and awaits an inspection. When the
RTA Packet is submitted to EHA, the suspension aka Tolling will start for a
maximum of 15 calendar days. This maximum 15 day grace period allows EHA
to schedule and complete the Initial Inspection of the unit at no fault of the
Voucher Holder.
If the Initial Inspection has not been completed within 15 days at no fault of EHA,
then the Suspension aka Tolling ceases, and the Voucher time starts again. If the
unit fails its initial inspection, the voucher Suspension aka Tolling ceases and the
Voucher time starts the day after the date listed on the notification letter or the
day after the postal date found on the envelope. Upon receipt of the notification
letter that describes all options available, the Voucher Holder is responsible for
notifying EHA of his/ her intent.
When a Request for Approval of Tenancy is received, the voucher is suspended – i.e., the
number of days required to process the request is not included in the 60-day term of the
voucher.
Extensions
A family may request an extension of the voucher term. All requests for extensions must
be submitted in writing prior to the expiration date of the voucher.
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Unless approved by the Leased Housing Director, no more than two extensions of 30
days or less will be granted. The Leased Housing Director may extend the term of the
voucher beyond the total of 120 days (initial 60-day term plus two 30-day extensions), if
an additional extension is necessary to make the program accessible to a family member
with a disability. The extension shall be for a specific period of time reasonably required
for the accommodation.
Extensions beyond 60 days may also be granted, at the discretion of the Leased Housing
Director, for extenuating circumstances such as extended hospitalization (i.e., more than
15 days) or death of an immediate family member. Verification of extenuating
circumstances will be required.
An extension may also be granted, at the discretion of the Leased Housing Director, if the
family is prevented from finding a unit due to disability accessibility requirements or the
number of bedrooms (five or more) required. The search record is not part of the required
verification. Verification of a disability and its impact on the housing search shall be
required.
Deconcentratration:
ENCOURAGING PARTICIPATION IN AREAS
INCOME OR MINORITY CONCENTRATION
WITHOUT
LOW
At the briefing, families are encouraged to search for housing in non-impacted areas and
the HA will provide assistance to families who wish to do so.
The assistance provided to such families includes:
Direct contact with landlords.
Counseling with the family.
Providing information about services in various non-impacted areas.
Meeting with neighborhood groups to promote understanding.
Formal or informal discussions with landlord groups
Meeting with neighborhood groups to promote understanding.
Formal or informal discussions with landlord groups
Formal or informal discussions with social service agencies
Meeting with rental referral companies or agencies
Meeting with fair housing groups or agencies
The Housing Authority will maintain lists of available housing submitted by owners in all
neighborhoods within the Housing Authority’s jurisdiction to ensure greater mobility and
housing choice to very low income households. Unit listings are available at
www.GOsection8.com , at the information table in our front lobby.
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Chapter 10
REQUEST FOR TENANCY APPROVAL AND CONTRACT EXECUTION
[24 CFR 982.302, 982.305(a)]
After a family is issued a voucher, they may search for a unit anywhere within EHA’s
jurisdiction, or outside of EHA’s jurisdiction if they qualify for portability. The family
must find an eligible unit under the program rules, with an owner/landlord who is willing
to enter into a Housing Assistance Payments Contract with EHA. This chapter defines the
types of eligible housing and EHA’s policies which pertain to initial inspections, lease
requirements, and the processing of Requests For Tenancy Approval (RTA).
A. Request for Tenancy Approval [24 CFR 982.302, 982.305]
The Request for Tenancy Approval (RTA) must be submitted on behalf of a family by
the proposed landlord during the term of the voucher. The landlord must submit the
Request for Tenancy Approval in the form and manner required by EHA.
The Request for Tenancy Approval must be signed by both the owner and voucher
holder.
EHA will not permit the family to submit more than one RTA at a time.
EHA will review the Request for Tenancy Approval and approve it if:
1. The unit is an eligible type of housing;
2. At the time of inspection, the unit meets HUD’s Housing Quality Standards (and any
additional criteria as identified in this Administrative Plan);
3. At the time of inspection, the rent is reasonable;
4. The security deposit is approvable in accordance with any limitations in this Plan;
5. The owner is approvable, and there are no conflicts of interest (See Owner Disapproval
section below); and
6. The family’s share of rent and utilities does not exceed 40 percent of the family’s
monthly adjusted income, which shall include exempt income in the calculation of
adjusted income for this purpose (see Chapter 12, Owner Rents, Rent Reasonableness
and Payment Standards).
Disapproval of Request for Tenancy Approval
If EHA determines that the request cannot be approved for any reason, the landlord and
the family will be notified by phone. EHA will instruct the owner and family what is
necessary to approve the request.
When, for any reason, an RTA is not approved, EHA will furnish another RTA form to
the family so that the family can continue to search for eligible housing.
B. Eligible Types of Housing [24 CFR 982.352, 982.601]
EHA will approve any of the following types of housing in the voucher program:
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1. Congregate facilities (only the shelter rent is assisted; EHA does not pay for
food, cleaning, or other services);
2. Single room occupancy (SRO) units; and
3. Units owned (but not provided an operating subsidy) by EHA.
A family can own a rental unit but cannot reside in it while being assisted. A family may
lease and have an interest in a cooperative housing development. This will be considered
an asset for the family. See Chapter 8 Verification Procedures)
EHA may not permit a voucher holder to lease a unit that is receiving project-based
Section 8 assistance or any duplicative rental or operating subsidies.
C. Duplicative Assistance [24 CFR 982.352(c)]
A family may not receive the benefit of HCV tenant-based assistance while receiving the
benefit of any of the following forms of other housing subsidy, for the same unit or for a
different unit:
• Public or Indian housing assistance;
• Other Section 8 assistance (including other tenant-based assistance);
• Assistance under former Section 23 of the United States Housing Act of 1937
(before amendment by the Housing and Community Development Act of 1974);
• Section 101 rent supplements;
• Section 236 rental assistance payments;
• Tenant-based assistance under the HOME Program;
• Rental assistance payments under Section 521 of the Housing Act of 1949 (a
program of the Rural Development Administration);
• Any local or State rent subsidy;
• Section 202 supportive housing for the elderly;
• Section 811 supportive housing for persons with disabilities; (11) Section 202
projects for non-elderly persons with disabilities (Section 162 assistance); or
• Any other duplicative federal, State, or local housing subsidy, as determined by
HUD. For this purpose, 'housing subsidy' does not include the housing component of
a welfare payment, a social security payment received by the family, or a rent
reduction because of a tax credit.
D. Lease Review [24 CFR 982.308, 982.309]
EHA will request a copy of the lease and HUD-required Tenancy Addendum after the
unit has passed inspection. EHA shall specifically review the items listed below:
1. The tenant must have legal capacity to enter a lease under state and local law;
2. The lease must be enforceable under state and local law; and
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3. Responsibility for utilities, appliances and optional services must correspond
to those provided on the Request for Tenancy Approval.
The family and owner must submit a standard form of lease used in the locality by the
owner, which is generally used for other unassisted tenants in the premises. The terms
and conditions of the lease must be consistent with state and local law.
The lease must specify:
1.
2.
3.
4.
5.
6.
The names of the owner and tenant;
The address of the unit rented (including apartment number, if any);
The amount of the monthly rent to owner;
The utilities and appliances to be supplied by the owner;
The utilities and appliances to be supplied by the family; and
The initial term of the lease (see below).
The HUD-prescribed Tenancy Addendum (HUD Form 52641) must be included in the
lease word-for-word before the lease is executed.
Effective September 15, 2000, the owner's lease must include the lead warning statement
and disclosure information required by 24 CFR 35.92(b) either as an attachment to the
lease or within the lease/contract.
Owners may submit their own standard lease form that must have the HUD lease
addendum attached and executed. The lease must provide that drug-related criminal
activity engaged in by the tenant, any household member, or any guest on or near the
premises, or any person under the tenant’s control on the premises is grounds to terminate
tenancy. The lease must also provide that owner may evict family when the owner
determines that:
 Any household member is illegally using a drug; or

A pattern of illegal use of drug by any household member interferes with the
health, safety or right to peaceful enjoyment of the premises by other residents.
The lease must provide that the following types of criminal activity by a “covered
person” are grounds to terminate tenancy: Any criminal activity that threatens the health,
safety or right to peaceful enjoyment of the premises by other residents (including
property management staff residing on the premises); Any criminal activity that threatens
the health, safety or right to peaceful enjoyment of their residences by persons residing in
the immediate vicinity of the premises; or


Any violent criminal activity on or near the premises by a tenant, household
member, or guest; or
Any violent criminal activity on the premises by any other person under the
tenant’s control.
The lease must provide that the owner may terminate tenancy if a tenant is:
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
Fleeing to avoid prosecution or custody or confinement after conviction for a
crime, or attempt to commit a crime, that is a felony under the laws of the place
from which the individual flees or

Violating a condition of probation or parole imposed under Federal or State law.
The lease must provide that drug-related criminal activity engaged in by the tenant, any
household member, or any guest on or near the premises, or any person under the tenant’s
control on the premises is grounds to terminate tenancy.
Flat-Rate Utility Billing for Multi-Unit Buildings
EHA will replace the utility allowance for water/sewer and/or garbage in multi-unit
buildings with the flat rate fees actually charged to tenants for these services by the
owner, if the specifics of the flat rate are detailed in the lease and not subject to change
during the term of the lease.
Start Date for New Lease after Tenant Moves: No Double Subsidy
EHA will not make subsidy payments on behalf of the same family to the former landlord
after the move out date. Therefore, the Lease for the new unit must start after the vacate
date for the previous unit. .
Initial Term of the Lease
The initial term of the lease shall in most cases be 12 months. Leases of shorter duration
may be approved by the Leased Housing Director on a case-by-case basis for good cause.
EHA shall not approve leases of more than 12 months, as these may not be enforceable
under state law.
Actions before Lease Term
All of the following must always be completed before the beginning of the initial term of
the lease for a unit:
1. EHA has inspected the unit and has determined that the unit satisfies HQS
(tenant-based program);
2. EHA has determined that the rent charged by the owner is reasonable;
3. The landlord and the tenant have executed the lease, including the HUDrequired Tenancy Addendum;
4. EHA has approved leasing of the unit in accordance with program
requirements; and
5. EHA has determined that the family’s share of rent and utilities does not
exceed 40 percent of the family’s monthly adjusted income, which shall include
exempt income in the calculation of adjusted income for this purpose.
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Security Deposit [24 CFR 982.313 (a) and (b)]
The owner may collect a security deposit from the tenant. The PHA may prohibit security
deposits in excess of private market practice, or in excess of amounts charged by the
owner to unassisted tenants. However, if the PHA chooses to do so, language to this
effect must be added to Part A of the HAP contract [Form HUD-52641].
PHA Policy
The PHA will allow the owner to collect any security deposit amount the owner
determines is appropriate. Therefore, no modifications to the HAP contract will
be necessary.
Utilities Responsibilities:
1. If the tenant is responsible for paying any or all utilities, the utilities must be in
the tenant's name.
2. If the landlord is responsible for paying any or all utilities, the utilities must be
in the Landlord's name. Tenants must not pay the landlord for any utilities that
are in the landlord's name. The landlord may not bill the tenant for any excess
utilities that are in the landlord's name.
CFR citations: Related to Utilities:
§ 982.452 Owner responsibilities.
(a) The owner is responsible for performing all of the owner’s obligations under
the HAP contract and the lease
(b) The owner is responsible for: (7) Paying for utilities and services (unless paid
by the family under the lease).
§ 982.404 Maintenance: Owner and family responsibility; PHA remedies.
(b) Family obligation. (1) The family is responsible for a breach of the HQS that is
caused by any of the following: (i) The family fails to pay for any utilities that the
owner is not required to pay for, but which are to be paid by the tenant;
Separate Agreements
Owners and families may execute separate agreements for services, appliances (other
than range and refrigerator) and other items that are not included in the lease, if the
agreement is in writing and approved by EHA.
Families and owners will be advised of the prohibition of illegal side payments for
additional rent, or for items normally included in the rent of unassisted families, or for
items not shown on the approved lease.
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The family is not liable under the lease for unpaid charges for items covered by separate
agreements and non-payment of these agreements cannot be cause for eviction.
Any appliances, services or other items which are routinely provided to unassisted
families as part of the lease (such as air conditioning, dishwasher or garage) or are
permanently installed in the unit, cannot be put under separate agreement and must be
included in the lease. For there to be a separate agreement, the family must have the
option of not utilizing the service, appliance or other item.
For single family houses, EHA will not accept separate agreements for additional charges
for garages, basements, or other structures or amenities located on the property.
If the family and owner have come to a written agreement on the amount of allowable
charges for a specific item, so long as those charges are reasonable and not a substitute
for higher rent, they will be allowed.
All agreements for special items or services must be attached to the lease approved by
EHA. If agreements are entered into at a later date, they must be approved by EHA and
attached to the lease.
Separate agreements for optional additional charges will not be used in the calculation of
a tenant’s affordability limit, but may be used in the calculation of reasonable rent for the
property.
E. REQUIRED REPORTING OF CHANGES IN LEASE OR RENT
If the participant and owner agree to any change(s) in the lease, such change(s) must be
in writing, and the owner must immediately give EHA a copy of the change(s). The lease,
including any changes, must be in accordance with both this Administrative Plan and
HUD regulations.
If a participating Owner requests a rent increase 60 days before his tenant’s
annual date and the requested rent is approved, the new approved rent will take
place at the Annual Recertification Date. If not requested 60 days prior to the
Annual Recertification date, the requested increase will not go into effect until the
following year’s Annual Recertification date.
Any such changes are subject to EHA’s determination that they are reasonable.
If the participant moves to a new unit, even if the unit is in the same building or complex;
or changes are made to the requirements governing participant or owner responsibilities
for utilities or appliances; or the lease terms governing the term of the lease, housing
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assistance will not be continued unless EHA has approved a new tenancy in accordance
with program requirements and has executed a new HAP contract with the owner.
F. Rent Limitations [24 CFR 982.507]
EHA will make a determination as to the reasonableness of the proposed rent in relation
to comparable units available for lease on the private unassisted market, and the rent
charged by the owner for a comparable unassisted unit in the building or premises (see
Chapter 13, Owner Rents, Rent Reasonableness, and Payment Standards).
By accepting each monthly Housing Assistance Payment from EHA, the owner certifies
that the rent to owner is not more than rent charged by the owner for comparable
unassisted units in the premises. The owner is required to provide EHA with information
requested on rents charged by the owner on the premises or elsewhere.
At all times during the tenancy, the rent to owner may not be more than the most current
reasonable rent as determined by EHA.
If the proposed gross rent is not reasonable, at the family’s request, EHA will negotiate
with the owner to reduce the rent to a reasonable rent.
G. Disapproval of Proposed Rent: Affordability Cap [24 CFR 982.506, 982.508]
40 Percent Affordability Cap on Rent and Utilities
Consistent with a Move to Work Program (TBA), EHA shall use the following formula
for determining whether rent plus utilities are affordable to families at the point of leaseup:
Adjusted gross income calculated as described in this Administrative Plan,
which is consistent with 24 CFR Section 5.609, plus all income actually
available to the family but which is excluded from Adjusted Gross Income by
24 CFR 5.609(c).
If the rent is not affordable because the family share would be more than 40 percent of
the family’s monthly adjusted income, including exempt income in the calculation for
this purpose, EHA will negotiate with the owner to attempt to reduce the rent to an
affordable rent for the family or include some or all of the utilities in the rent to owner.
If the rent can be approved after negotiations with the owner, EHA will continue
processing the Request for Tenancy Approval.
If the owner does not agree on the rent to owner after EHA has tried and failed to
negotiate a revised rent, EHA will inform the family and owner that the tenancy is
disapproved.
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Exception to the 40 Percent Affordability Cap
Requests for Tenancy Approvals which have rents within $10 of the family’s 40 percent
affordability cap may be approved by the Leased Housing Director in order to increase
housing opportunities and family choice.
On an exceptional basis, EHA may approve a tenancy where the family’s share of rent
and utilities takes up to 50 percent of the family’s monthly adjusted income including
excluded income, as an accommodation for a person with a disability or for other
compelling good cause.
All such requests must be approved by the Leased Housing Director, who must assess the
reasonableness of the family’s reported income and housing costs, including an
assessment of the family’s ability to sustain the housing situation and still meet the other
necessities of life.
H. Zero HAP Contract Restrictions
The Leased Housing department will not enter into a HAP Contract if the HAP
amounts to Zero Dollars.
I. Information to Prospective Owners about Family’s Current and Previous
Addresses [24 CFR 982.307, 982.54(d)(7)]
EHA will furnish prospective owners with the family’s current address as shown in
EHA’s records and, if known to EHA, the name and address of the landlord at the
family’s current and prior address.
EHA may make an exception to this requirement if the family’s whereabouts must be
protected due to domestic abuse or witness protection.
EHA will inform owners that it is the responsibility of the landlord to determine the
suitability of prospective tenants. Owners will be encouraged to screen applicants for rent
payment history, payment of utility bills, eviction history, their record of respecting the
rights of other residents, damage to units, drug-related criminal activity or other criminal
activity that is a threat to the health, safety or property of others, and compliance with
other essential conditions of tenancy.
A statement of EHA’s policy on release of information to prospective landlords will be
included in the briefing packet which is provided to the family.
J. Owner Disapproval [24 CFR 982.306]
Properties Owned by Family Members
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For all leases executed after June 17, 1998, a family may not lease properties owned by a
parent, child, grandparent, grandchild, sister or brother of any family member. EHA will
waive this restriction as a reasonable accommodation for a family member who is a
person with a disability, with documentation.
In no circumstances will EHA approve a tenancy in which the owner shares the unit with
a relative who is assisted by a voucher.
See Chapter 18, Owner Disapproval and Restriction.
K. Change in Total Tenant Payment (TTP) Prior to HAP Effective Date
When the family reports changes in factors that will affect the total family share prior to
the effective date of the HAP contract, the information will be verified and the total
family share will be recalculated using the interim review guidelines outlined in Chapter
14. If the family does not report any change, EHA need not obtain new verifications
before signing the HAP contract, even if verifications are more than 60 days old.
L. Contract Execution Process [24 CFR 982.305(c)]
EHA prepares the Housing Assistance Payments Contract and Tenancy Addendum for
execution. The family and the owner will attach the Tenancy Addendum to the lease and
execute the lease agreement and the owner and EHA will execute the HAP Contract.
Copies of the documents will be furnished to the parties who signed the respective
documents. EHA will retain a copy of all signed documents.
EHA makes every effort to execute the HAP Contract before the commencement of the
lease term. The HAP Contract may not be executed more than 60 days after
commencement of the lease term and no payments will be made until the contract is
executed.
The following EHA representatives are authorized to execute a contract on behalf of
EHA: Housing Specialists, Admissions Officer, and the Leased Housing Director,
Owners must provide the current address of their residence (not a Post Office box). If
families lease properties owned by relatives, the owner’s current address will be
compared to the subsidized unit’s address.
Owners must provide an employer identification number or Social Security Number.
Owners must on request submit proof of ownership of the property, such as a deed or tax
bill, and a copy of the management agreement if the property is managed by a
management agent.
M. Change in Ownership
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See Chapter 17, Owner Disapproval and Restriction.
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Chapter 11
HOUSING QUALITY STANDARDS AND INSPECTIONS
[24 CFR 982.401]
Housing Quality Standards (HQS) are the HUD minimum quality standards for tenantbased programs. HQS standards are required both at initial occupancy and during the
term of the lease. HQS standards apply to the building and premises, as well as the unit.
Newly leased units must pass the HQS inspection before the beginning date of the
assisted lease and HAP contract. This chapter describes EHA's procedures for performing
HQS inspections, and EHA standards for the timeliness of repairs. It also explains the
responsibilities of the owner and family, and the consequences of non-compliance with
HQS requirements for both families and owners. The use of the term “HQS” in this
Administrative Plan refers to the combination of both HUD and EHA requirements
outlined in this Chapter.
HQS regulations provide performance requirements and acceptability criteria to meet
each performance requirement. HQS includes requirements for all housing types,
including single and multi-family dwelling units, as well as specific requirements for
special housing types such as manufactured homes, congregate housing, single room
occupancy (SROs), shared housing and group residences (GRs). Requirements for
Special Housing Types are discussed in Chapter 17.
The HUD Housing Inspection Manual for Section 8 Housing, available through the HUD
user at 800-245-2691, and the HUD Inspection Form, form HUD-52580 (3/01) and
Inspection Checklist, form HUD 52580-A (9/00), available through HUDCLIPS website:
www.hudclips.org, provide guidance to PHAs in interpreting the standards, as well as HUD
regulations.
A.
Guidelines/Types of Inspections [24 CFR 982.401(a), 982.405]
EHA will perform six types of inspections:
1. Initial/move-in: Conducted upon receipt of Request for Tenancy Approval;
2. Annual: Must be conducted within 12 months of the previous annual inspection;
3. Move-out/vacate: Only for pre–October 2, 1995 contracts where there could be
damage claims;
4. Special: At request of agency or other third-party, if EHA determines an
inspection is warranted;
5. Complaint: At request of owner or family, if EHA determines an inspection is
warranted; and
6. Quality control: Conducted by a supervisor to ensure the consistency and
accuracy of EHA HQS determinations.
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B. HQS Guidelines for Unit Size Selected
The standards allow two persons per living/sleeping room and permit maximum
occupancy levels (assuming a living room is used as a living/sleeping area) as shown in
the table below. The occupancy maximums below may be exceeded if the unit has a room
or rooms in addition to bedrooms and a living room which may be used for sleeping,
under HQS. (See Section H., Acceptability Criteria and Exceptions to HQS.)
Unit Size
Maximum Number in Household
SRO
0 Bedroom
1 Bedroom
2 Bedrooms
3 Bedrooms
4 Bedrooms
5 Bedrooms
6 Bedrooms
1
1
2
4
6
8
10
12
C. Initial HQS Inspection [24 CFR 982.401(a), 982.305(b)(2)]
EHA will inspect the unit, determine whether the unit satisfies the HQS, and notify the
family and owner of the determination within 15 calendar days of the inspection, unless
EHA determines that it is unable to do so in the stated timeframe, in which case the file
will be appropriately documented.
The initial inspection will be conducted to:
1. Determine if the unit and property meet the HQS defined in
24 CRF 982.401, and in this Plan; and
2. Document the information to be used, including current
condition of the unit, for determination of rentreasonableness.
If the unit fails the HQS inspection, the owner will be given up to 10 business days to
correct the items noted as fail. Maximum completion of initial repairs is 120 days from
the initial inspection date. An extension may be given at the inspector's discretion,
depending on the amount and complexity of work to be completed. Written completion
of “Extension Request Form” is required for all extensions requested and written
approval of the request is required.
The family and/or owner will be advised to notify EHA once repairs are completed, so
that EHA can schedule a re-inspection.
If the unit fails the re-inspection, the owner will be allowed one additional re-inspection
for repair work to be completed.
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If the time period given by the inspector to correct the repairs has elapsed, or the unit fails
the second re-inspection, EHA will not approve the tenancy and the family will be
required to select another unit. No unit will be placed on the program until the unit meets
HQS requirements
D. Annual HQS Inspections [24 CFR 982.405(a)]
EHA conducts an inspection to determine continuing compliance with Housing Quality
Standards at least annually, at least one day prior to the previous annual inspection.
The family must allow EHA to inspect the unit at reasonable times with reasonable notice
[24 CFR 982.551(d)]. Reasonable hours to conduct inspections are between 8 a.m. and 5
p.m. Inspections may also be performed between the hours of 7 a.m. and 6 p.m., upon
request by participants, providing an inspector is available. EHA will notify the family in
writing or by phone at least two days prior to the inspection.
The family may have a representative over age 18 present for an inspection, if an adult
family member is unable to be present.
If the family is unable to be present, they must reschedule the appointment so that the
inspection takes place within 10 days of the first scheduled inspection date. If the family
does not contact EHA to reschedule the inspection, or if the family misses two inspection
appointments, EHA will consider the family to have violated a family obligation and will
terminate their assistance in accordance with Chapter 16 of this Plan.
E. Annual HQS Inspections Process and Procedure
The annual inspection process includes scheduling the unit for inspection, conducting the
inspection, enforcing HQS requirements, and when necessary, taking action to abate
payments and terminate HAP contracts and program assistance.
The unit must be in compliance with HQS requirements throughout the assisted
tenancy.
EHA will notify owners/tenants of HQS deficiencies in writing, and indicate a time
period in which to make HQS corrections so that the EHA complies with SEMAP
requirements.
The EHA must abate housing assistance payments to the owner for failure to correct
an HQS violation under the following circumstances:
- An emergency (life-threatening) violation is not corrected within 24 hours of inspection
and the EHA did not extend the time for compliance;
- A routine violation is not corrected within 30 days of the inspection and the EHA did
not extend the time for compliance.
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The EHA must terminate the HAP contract if repairs are not made. The EHA must
decide how long abatement will continue prior to contract termination. The EHA should
not terminate the contract until the family finds another unit provided the family does so
by the indicated time period.
The EHA must terminate program assistance to families who fail to correct HQS
deficiencies that they caused. The EHA should notify the owner of its intent to terminate
the family’s program assistance so the owner can begin eviction procedures. The EHA
should continue to pay the owner until the eviction is completed.
Tenant (head of household or designated person by the head of household 18 yrs. or
older) and/or owner must be present at the inspection.
The inspector conducts the unit inspection. Each item on the inspection checklist must
receive a rating of pass, fail, or inconclusive. The inspector shall make clear notes about
the nature of all fail and inconclusive items. For the unit to receive a pass rating, no fail
or inconclusive items can be noted on the inspection checklist.
Improvements which have occurred since the previous unit inspection, addition of
amenities or services, and changes in type of or responsibility for utilities should be noted
and reported to appropriate EHA staff.
The inspector may record recommended improvements or items that should be brought to
the attention of the owner or tenant, but are not HQS deficiencies.
Written notification to the owner and/or tenant is required for all items for which fail or
are inconclusive. The notice must include a list of HQS deficiencies and the correcting
deadline. Re-inspection or EHA verification that failed and/or inconclusive items are
corrected is required.
Any time an inspector is present in an assisted unit, the inspector has the right to conduct
a full inspection. If new HQS items are discovered during the time of a re-inspection, the
new items must be noted and the owner and/or tenant must be notified to correct the
deficiencies.
Owners are responsible to the EHA for compliance with all HQS items except those
specifically assigned to tenants.
Tenants are responsible to correct HQS fail and inconclusive items resulting from:
Failure to pay for tenant-supplied utilities;
Failure to supply appliance(s) required by the lease; or
Housekeeping Issues and tenant required maintenance issues (lawn maintenance,
carpet cleaning, etc.).
Scheduling Inspections
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Program Requirements
The EHA must schedule initial inspections in accordance with program requirements.
Annual inspections, quality control inspections, and all resulting re-inspections must be
scheduled to comply with SEMAP requirements as discussed in this Chapter. Other
special inspections, such as complaint inspections, should be scheduled as quickly as
possible after receipt of request.
EHA shall plan efficient and cost effective inspection procedures that produce the best
results, as well as good customer service for both families and owners. The size of the
EHA’s program plays a big part in determining scheduling details.
Annual inspections must be scheduled so that all units are inspected every 12 months.
Annual inspections are the largest part of the EHA’s inspection workload, followed by reinspections of units that fail HQS. Since many PHAs coordinate the scheduling of annual
inspections with annual reexaminations, the number of inspections is not constant from
month to month, with more inspections required in the heavy leasing months (e.g., the
summer months). This may also be the period with the greatest number of initial
inspections.
The EHA shall consider the following factors to determine how many total inspections
will need to be scheduled and completed each year:
Number of units under contract;
Anticipated number of requests for expected tenancy approvals (new families and
transfers) in the coming year;
Unit fail rates for initial and annual inspections;
Re-inspection fails rates for annual inspections;
Number of complaint inspections anticipated annually; and
Number of quality control inspections required.
After estimating the number of required unit inspections, the EHA shall determine the
number of staff needed to complete required inspections. The EHA should take into
account the following factors:
Number of days employees actually conduct inspections each year (exclude time in
office, training days, vacation, sick days, and approximate number of days lost to weather
conditions for the area); and
Number of inspections each employee completes per day.
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This analysis will indicate the number of inspections each inspector must have scheduled
and completed each day. The EHA should determine the amount of time required for an
inspector to complete HQS inspections, taking into account the type of unit and the
number of bedrooms. The EHA should also consider travel time.
Automated Inspection Systems
In order to meet all HQS requirements, inspections must be conducted and recorded using
form HUD 52580-A or 52580. If the EHA has received HUD approval to include
additional requirements, these changes must be reflected on the inspection instrument.
EHA may conduct inspections using paper forms, checklists, or computer devices.
Several automated HQS products are available on the private market. EHA’s program
size will dictate the most cost effective and efficient method.
Computer inspection hardware comes in many forms; most are Windows-based. The
computer, often referred to as a “hand-held,” is available in various sizes and weights,
and is available with printing devices that can be used in the field. Data entry can also
take many forms, including use of a stylus to enter comments on the computer screen,
typing comments into the system, or using programmed codes to describe fail items.
Most hand-held systems can be connected to the office computer system. Inspection
results are then uploaded to the office computer to produce required letters to owners
and/or tenants. Some systems will allow for the inspections data to be “tied” to other
EHA computer mainframe applications to fill in tenant data fields for date of inspection,
record inspection results to track and monitor SEMAP requirements, and perform other
tasks.
Re-Inspection
The family and owner are provided a written notice of the re-inspection appointment by
mail.
If the family is not at home for the re-inspection appointment and the Landlord is
unavailable to allow access, another appointment is
automatically scheduled by mail/phone (assuming they did not miss the first inspection).
The family is also notified that it is a family obligation to allow EHA to inspect the unit.
If the family misses both the initial re-inspection and the rescheduled re-inspection, EHA
will mail a letter of termination to the family after the second missed inspection.
Self-Certification
Upon notification, EHA may allow the Landlord or the HCV Participant to self-certify
that only Routine Maintenance Items noted from the previous Inspection have been
corrected.
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Time Standards for Repairs
Emergency items, which endanger the family’s health or safety, must be corrected by the
owner within 24 hours of notification (see Section I., Emergency Repair Items).
Non-emergency repairs must be scheduled for re-inspection within 30 calendar days of
the annual inspection and completed within 45 days, unless an extension is granted.
Extensions
Landlords must contact the authority or provide a written request prior to the expiration
of the 30 day notice for repairs and receive approval from EHA before an extension will
be granted to the landlord. Extensions beyond 30 days may not be granted and abatement
of the unit will occur.
Rent Increases
Rent to owner increases may not be approved if the unit is not in compliance with HQS.
The EHA will conduct an inspection using the Housing Quality Standards and other
standards approved in this Administrative Plan at least annually. Rent increase requests in
the Voucher program may not be approved if the unit is in a failed condition.
E. Move-Out/Vacate
A move-out inspection will be performed only at the landlord’s request if a claim is to be
submitted for contracts effective before October 2, 1995.
F. Special/Complaint Inspections [24 CFR 982.405(c)]
If at any time the family or owner notifies EHA in writing that the unit does not meet
Housing Quality Standards, EHA will conduct an inspection, if EHA determines that an
inspection is warranted. EHA may also conduct a special inspection based on written
information from third parties, such as neighbors or public officials.
EHA will inspect only the items which were reported, but if the inspector notices
additional deficiencies that would cause the unit to fail HQS, the owner will be required
to make the necessary repairs.
If the annual inspection date is within 120 days of a special inspection, and as long as all
items are inspected that are included in an annual inspection, the special inspection will
be categorized as annual and all annual procedures will be followed.
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Quality control inspections are another type of special inspection and are required by
program regulations. Special inspections resulting in a fail or inconclusive HQS
determination require the same notification actions and enforcement processes described
above for annual inspections.
When repeated complaints about an assisted property are received, EHA may wish to
conduct regular or routine inspections more often than annually.
Special inspections resulting in a fail or inconclusive HQS determination require the
same notification actions and enforcement processes described above for annual
inspections.
G. Quality Control Inspections [24 CFR 982.405(b)]
EHA will perform quality control inspections of units under contract to maintain EHA’s
required standards and to assure consistency in enforcing HQS standards. The purpose of
quality control inspections is to ascertain that each inspector is conducting accurate and
complete inspections, and to ensure that there is consistency among inspectors in
application of the HQS.
The number of quality control inspections to be completed shall be determined by HUD
SEMAP standards for indicator #5, described in the HUD Housing Choice Voucher
Guidebook, for a voucher program of more than 2000 vouchers. Specifically, HUD
requires that quality control inspections be conducted on 30 units plus 1 for each 200 (or
part of 200) vouchers over 2,000 vouchers under HAP contract at the end of EHA’s
previous fiscal year.
The sampling of files will include recently completed inspections (within the prior 3
months), across-section of neighborhoods, and a cross-section of inspectors.
H. Acceptability Criteria and Exceptions to HQS [24 CFR 982.401 (a)]
An acceptability criterion for each performance requirement helps EHA to determine if
the unit meets mandatory minimum standards. For some standard, specific guidance is
provided to PHA’s, but PHA’s must rely upon inspector judgment in the areas. In some
instances, family preference should be considered in the determination of acceptability.
HUD may grant approval for EHA to use acceptability criteria variations which apply
standards contained in local housing codes or other codes adopted by EHA or because of
local climatic or geographic conditions.
Acceptability criteria variations may only be approved by HUD, if the variation meets or
exceeds the performance requirement and does not unduly limit the amount and type of
rental, housing available at or below the fair market rent. HUD will not approve
variations if the change is likely to adversely affect the health or safety of participant
families or severely restrict housing choice.
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EHA will strive to ensure consistency among staff in areas requiring judgment. Not all
areas of HQS are exactly defined while acceptability criteria specifically state the
minimum standards necessary to meet HQS; inspector judgment or tenant preference may
also need to be considered in determining whether the unit meets minimum standards or
desirable. Staff can receive the tools to make sound decisions through training, access to
written policy and procedures, and consistent written and oral instruction.
Potential safety hazards that are not specifically addressed in the acceptability criteria,
such as damaged kitchen cabinet hardware, may present a cutting hazard to small
children is an example of an area that requires judgment. Less than optimal conditions,
such as a water heater with a small capacity, are another example. A good practice is to
assess potential hazards based on the family residing in the unit. Some potential hazards
may only apply when small children are in occupancy. Some less than perfect conditions,
such as a water heater that appears too small for optimal use by the tenant, should be
discussed with the tenant, but should not lead to denial of program assistance if the
family is willing to accept the existing condition.
EHA’s HQS standards include all the acceptability criteria provided in 24 CFR 982.401.
In addition, the standards include the additional acceptability criteria described below.
Additions
All utilities must be in service prior to the inspection. If the utilities are not in service at
the time of inspection, the inspector will notify the tenant and/or owner to have the
utilities turned on and schedule a re-inspection.
If the tenant is responsible for supplying the stove and/or the refrigerator, EHA will allow
the stove and refrigerator to be placed in the unit after the unit has passed all other HQS
items. These items MUST be in working condition.
All tenant-paid utilities must be solely for the use of the tenant. If the owner retains use of
any portion of the property (e.g., a storage shed), the owner-retained portion must have an
independent utility source paid by the owner, or the owner must pay all of the applicable
utilities. The owner may disconnect the utility to the owner-retained portion of the
property. Apartment letters or numbers shall be displayed in a conspicuous place, in a
contrasting color for easy identification.
Dead bolt or dead latch locks on exterior doors of the unit shall be constructed so that
they may be opened from the inside without use of a key. Bars, grilles, grates or similar
devices may be installed on bedroom windows and exterior doors, only if such devices
are equipped with release mechanisms that are operable from the inside without the use
of a key or special knowledge or effort. If more than one window is present in a bedroom,
then bars only need to be removed from one window or equipped with a release
mechanism that is operable from the inside, which will allow for the safe egress from the
room.
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All appliances which are provided according to the lease or are installed in the unit at
rent-up must be in operating order.
Common laundry areas must be equipped with properly functioning smoke detectors or
fire detection/suppression systems.
The inspector shall make a determination at the initial inspection as to the number of
rooms which are acceptable sleeping rooms, for the purpose of deciding maximum
occupancy level according to HQS. The inspector’s determination will be made on a
case-by-case basis, based on HQS standards, the design of the structure, family
composition and safety of egress.
Modifications
Modifications or adaptations to a unit provided as an accommodation for a household
member with a disability must meet all applicable Housing Quality Standards. Extension
for repair items not required by HQS will be granted for modifications/adaptations to the
unit if agreed to by the tenant and landlord. EHA will allow execution of the HAP
contract if the unit meets all requirements and the modifications do not affect the
livability of the unit.
I. Emergency Repair Items [24 CFR 982.404(a)]
The following items are considered emergency repair items and must be corrected by the
owner or tenant (whoever is responsible) within the time period specified after notice by
EHA:
1) Lack of hot or cold water, heat or electricity (emergency: 24 hours to repair);
2) A condition that is imminently hazardous to life (emergency: 24 hours to repair);
3) The only toilet in the unit does not allow for full function and use (emergency: 24
hours to repair); and
4) Refrigerator, range or oven, or a major plumbing fixture supplied by the landlord
does not work (urgent repair: 72 hours to repair).
5) Broken lock(s) on first floor doors or windows
6) Broken windows that unduly allow weather elements into the unit
7) Electrical outlet smoking or sparking
8) Exposed electrical wires which could result in shock or fire
9) Security risks such as broken doors or windows that would allow intrusion
10) Other conditions which pose an immediate threat to health or safety
11) Smoke detectors not working properly or not present.
Twenty-four Hour/Emergency Correction
If a deficiency is life threatening, the EHA requires the owner or tenant to correct the
deficiency within 24 hours. If the deficiency is due to the owner, the EHA may abate
housing assistance payments if repairs are not made within 24 hours.
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If corrections are not made within 24 hours, abatement must take immediately following
the expiration of the 24-hour correction period. If necessary, the EHA will debit the
owner retroactive to this date.
If the deficiency is due to a family participating in the tenant-based programs, the EHA
may take action to terminate assistance due to a violation of the family obligations. [See
Chapter 16, Termination of Assistance.
If the emergency repair or urgent repair item(s) are not corrected in the time period
required by EHA, the Housing Assistance Payment may be abated and the HAP Contract
may be terminated.
In those cases where there is leaking gas or potential of fire or other threat to public
safety, and the responsible party cannot be notified or it is impossible to make the repair,
proper authorities will be notified by EHA.
Extensions
At the request of the party (tenant or owner) judged responsible for the deficiency, the
EHA may grant extensions to correct major deficiencies to the extent that such extensions
do not exceed HUD regulations. Written completion of “Extension Request Form” or
other written request is required for all requested extensions and written approval of the
request is required.
J. Abatement [24 CFR 982.405, 982.453]
Abatements Due to Non-compliance with Housing Quality Standards (HQS):
Abatement is a cessation of housing assistance payments to an owner. When an owner’s
housing assistance payment is abated due to the owner’s failure to comply with HQS, the
abated monies are not repaid to the owner but are forfeited. The abatement is released and
housing assistance payment resumes on the date the EHA determines that the unit is free
from those HQS deficiencies which are the owner’s responsibility.
For abatements and terminations in the Project-based Voucher (PBV) program, see
Chapter 5, Housing Quality Standards; Inspections, of this Administrative Plan.
If a unit fails an annual inspection, the owner will be sent a written pre-abatement notice
which identifies:
1. The fail items which must be corrected for subsidy to continue;
2. The date of the scheduled re-inspection; and
3. The date that Contract will cease if the fail items are not corrected in time for the
scheduled re-inspection.
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When a unit fails to meet HQS and the owner has been given an opportunity to correct
the deficiencies, but has failed to do so within in the required timeframe, the unit will be
placed in abatement and the rent for the dwelling unit will be abated effective the date the
unit failed the annual re-inspection. If necessary, the EHA will debit the owner
retroactive to this date. EHA may deduct amounts overpaid for abated properties from
subsidy payments for other properties of the owner which are assisted by the program.
The initial abatement period will not exceed 10 days. If the deficiencies are not corrected
within the 10 day timeframe, the abatement will continue until the deficiencies are
corrected or the contract ends, whichever comes first. The contract end date is the last
day of the month following the abatement date. When the deficiencies are corrected, the
Evansville Housing Authority will end the abatement the day the unit passes inspection.
Rent will resume the following day and be paid on the next check run.
For tenant caused HQS deficiencies, the owner will not be held accountable and the rent
will not be abated. The tenant is held to the same standard and timeframes for correction
of deficiencies as owners. If repairs are not completed by the deadline, EHA will send a
notice of termination to both the tenant and the owner. The tenant will be given the
opportunity to request an informal hearing.
Termination of contract
If a unit fails an annual inspection, and the fail items are not corrected within 45 days of
the annual inspection, EHA shall send the owner and the family a notice that the HAP
Contract will be terminated for failure to maintain HQS, and give the effective date of the
termination, which shall be sufficient to give the family at least 30-day notice that it must
move, coinciding with the end of the month.
The period between the effective date of abatement and the effective date of termination
of the HAP Contract is the abatement period. If the family notifies EHA that it desires to
remain in the unit and the owner is will to correct failed items, EHA will allow the owner
to schedule one final re-inspection during the abatement period. EHA will not schedule a
final re-inspection during the abatement period if the family indicates it wants to move.
Only one Housing Quality Standards inspection will be conducted after the termination
notice is issued.
If the unit passes the final inspection during the abatement period, payment will resume
on the day the unit passes inspection. No retroactive payments will be made to the owner
for the period of time the rent was abated.
The tenant is not responsible for EHA's portion of rent that is abated.
K. Owner/Family Responsibility for HQS [24 CFR 982.404, 982.54(d)(14)]
Consistently, EHA generally holds the owner responsible for maintaining a unit in a
condition consistent with HQS, except in the following instances:
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1. Tenant-paid utilities are not in service;
2. Family fails to provide or maintain family-supplied appliances.
3. Housekeeping issues and tenant required maintenance issues (Lawn care, Carpet
Cleaning, etc.)
If the owner believes the tenant is responsible for other violations of HQS, including
damages to the unit or premises by a household member beyond normal wear and tear,
the owner must enforce the lease terms to hold the tenant responsible for restoring HQS,
including paying for necessary repairs. If the tenant fails to maintain the unit in
accordance with the lease and the owner provides EHA with documentation of the lease
violations and the owner’s own steps to enforce the lease, EHA may terminate assistance
to the family for failure to satisfy a family obligation under the program.
L. Tenant Prevention of Owner’s Work to Correct Deficiencies
In those cases in which an owner claims that the tenant will not permit or allow
correction of major deficiencies, the EHA may reimburse the owner for abated amounts if
the owner provides evidence of the timely filing and pursuing of a case of unlawful
detained/eviction against the tenant.
M. HQS Inspections of EHA-Owned Units
EHA shall continue to perform inspections in units it owns that are assisted by tenantbased and project-based Housing Choice Vouchers, and will investigate strategies to
streamline the inspection process.
HOUSING QUALITY STANDARDS (HQS) 24 CFR 982.401
This Section states performance and acceptability criteria for these key aspects of
the following housing quality standards:
A.
Sanitary Facilities
1.
Performance Requirements
The dwelling unit must include sanitary facilities located in the
unit. The sanitary facilities must be in proper operating condition
and adequate for personal cleanliness and the disposal of human
waste. The sanitary facilities must be usable in privacy.
2.
Acceptability Criteria
a.
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The bathroom must be located in a separate private room
and have a flush toilet in proper operating condition.
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1.
2.
3.
B.
The unit must have a shower or a tub in proper
operating condition, with hot and cold running
water.
The facility must utilize an approvable public or
private disposal system.
The bathroom must allow for privacy.
The
bathroom must have a door with an adequate lock.
b.
The dwelling unit must have a fixed basin in proper
operating condition, with a sink trap and hot and cold
running water. (Within manufacturer’s guidelines and
Section 8 HQS guidelines.)
c.
The dwelling unit must have a shower or a tub in proper
operating condition with hot and cold running water.
d.
The facilities must utilize an approvable public or private
disposal system (including a locally approvable septic
system).
Food Preparation and Refuse Disposal
1.
Performance Requirements
2.
a.
The dwelling unit must have suitable space and equipment
to store, prepare, and serve foods in a sanitary manner.
b.
There must be adequate facilities and services for the
sanitary disposal of food wastes and refuse, including
facilities for temporary storage where necessary (e.g.,
garbage cans).
Acceptability Criteria
a.
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The dwelling unit must have an oven, a stove or range, and
a refrigerator of appropriate size for the family. All of the
equipment must be in proper operating condition. Either the
owner or the family may supply the equipment. A
microwave oven may be substituted for a tenant-supplied
oven and stove or range. A microwave oven may be
substituted for an owner-supplied oven and stove or range
if the tenant agrees and microwave ovens are furnished
instead of an oven and stove or range to both subsidized
and unsubsidized tenants in the building or premises.
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C.
b.
The dwelling unit must have a kitchen sink in proper
operating condition, with a sink trap and hot and cold
running water. The sink must drain into an approvable
public or private system.
c.
The dwelling unit must have space for the storage,
preparation, and serving of food.
d.
There must be facilities and services for the sanitary
disposal of food waste and refuse, including temporary
storage facilities where necessary (e.g., garbage cans).
Space and Security
1.
Performance Requirement
The dwelling unit must provide adequate space and security
including but not limited to:
a.
A living room,
b.
A bedroom,
c.
A bath,
d.
A kitchen,
e.
Lighted entrances/exits (on a wall switch as per city code
44032)
f.
Windows accessibility
1. Must be to and from the outside, (egress window will
not be more that 44 inches in height from the interior
floor).
2. Sleeping room windows must have a net clearance of
5.7 sq. ft. The minimum net clearance opening height
shall be 22 inches. The minimum net clearance
opening width shall be 20 inches.
3. Egress windows must be lockable.
4. Windows which are nailed shut are acceptable, only if
these windows are not needed for ventilation or as an
alternative exit site.
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g.
2.
Exterior doors are doors by which someone can enter, or
exit the dwelling. A keyless dead bolt lock or other EHA
approved lock must be on the outside door of the family
home. A lock that needs a key to open from the inside is
not acceptable.
Acceptability Criteria
a.
At a minimum, the dwelling unit must have a living room,
a kitchen area, and a bathroom.
b.
The dwelling unit must have at least one bedroom or living/
sleeping room for each two persons.
c.
Dwelling unit windows that are accessible from the outside,
such as basement, first floor, and fire escape windows,
must be lockable (such as window units with sash pins or
sash locks, and combination windows with latches).
1. In bedrooms, a window must be less than 44 inches
from the interior floor With 22” opening clearance and
be a minimum of 20” wide.
Tenant Preference:
The family may determine the adequacy of room sizes and room locations. The family is
also responsible for deciding the acceptability of the type of door and window locks
.
D.
Thermal Environment
1.
Performance Requirement
The dwelling unit must have and be capable of maintaining a
thermal environment healthy for the human body.
2.
Acceptability Criteria
a.
There must be a safe system for heating the dwelling unit
(and a safe cooling system, where present). The system
must be in proper operating condition. The system must be
able to provide adequate heat (and cooling, if applicable),
either directly or indirectly, to each room, in order to assure
a healthy living environment appropriate to the climate.
b.
The dwelling unit must not contain un-vented room heaters
that burn gas, oil, or kerosene. Permanently attached
electric wallboard heaters are acceptable.
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a.
Where the Landlord provides heat, the client has no control
of the thermostat, the temperature must be set at a
temperature no lower than 70 degrees Fahrenheit in the
winter and 74 degrees Fahrenheit in the summer.
Tenant Preference:
The PHA has no control over energy conservation measures, such as dwelling insulation
or installation of storm windows and doors. The family must assess whether a dwelling
without these items is acceptable: the family must take into account the cost of utilities
billed to the family and personal feelings about adequate heat. Dwellings that are poorly
insulated or lack storm windows are generally drafty and more to heat and cool.
E.
Illumination and Electricity
1.
Performance Requirement
Each room must have adequate natural or artificial illumination to
permit normal indoor activities and to support the health and safety
of occupants. The dwelling unit must have sufficient electrical
sources so occupants can use essential electrical appliances. The
electrical fixtures and wiring must ensure safety from fire.
2.
Acceptability Criteria
a.
There must be at least one window in the living room and
in each sleeping room.
b.
The kitchen area and the bathroom must have a permanent
ceiling or wall light fixture in proper operating condition.
The kitchen area must also have at least one electrical
outlet in proper operating condition. If an electrical outlet is
within at least six (6) feet of any running water or water
container, the outlet must be GFCI protected.
c.
The living room and each bedroom must have at least two
electrical outlets in proper operating condition. Permanent
overhead or wall-mounted light fixtures may count as one
of the required electrical outlets.
1.
2.
3.
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Table or floor lamp
Ceiling lamps plugged into a receptacle.
An extension cord plugged into another
receptacle.
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b.
Receptacles must be permanently installed.
c.
Additional receptacles may be required to ensure that the
unit has sufficient electrical source.
d.
Stairway Illumination. In interior stairways, a light switch
should be placed at both the top and bottom of stairwell.
(15 CABO)
Tenant preference:
The family may determine whether the location and the number of outlets and fixtures
(over and above those required for acceptability standards) are acceptable or if the
amount of electrical service is adequate for the use of appliances, computers, or stereo
equipment
F.
Structure and Materials
1.
Performance Requirement
The dwelling unit must be structurally sound. The structure must
not present any threat to the health and safety of the occupants and
must protect the occupants from the environment.
2.
Acceptability Criteria
a.
Ceilings, walls, floors, both interior and exterior walls must
not have any serious defects such as severe bulging or
leaning, large holes, loose surface materials, severe
buckling, missing parts, or other serious damage.
b.
The roof must be structurally sound and weather tight.
c.
The exterior wall structure and surface must not have any
serious defects such as serious leaning, buckling, sagging,
large holes, or defects that may result in air infiltration or
vermin infestation. Roofs should be free of serious
buckling or sagging that indicates the potential for
structural collapse; large holes or other defects that allow
significant air or water infiltration or is not weather-tight
and allows significant amounts of water to leak through to
the interior.
a.
The condition and equipment of interior and exterior stairs,
halls, porches, walkways, etc., must not present a danger of
tripping and falling. For example, broken or missing steps
or loose boards are unacceptable.
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b.
Foundations must properly support the building and keep
ground water out of the basement under normal rainfall
conditions, and must be free of structural defects indicating
the potential for structural collapse and entry of rain water.
c.
Foundations should also be free of evidence of major recent
settling, large holes or cracks, severe leaning or large
sections of crumbling brick, stone, or concrete.
d.
Chimneys should not expose the tenant to any danger of
potential collapse and must safely carrying smoke, fumes
and gases away from the unit to the outside.
e.
Manufactured homes must meet federal, state, and local
regulations concerning proper structural set up.
f.
Elevators must be working and maintain state certification
for safety.
g.
Fireplaces: wood burning fireplaces must be in proper
working condition. Fireplaces must have a properly
working damper that opens and closes. Fireplace chimney
must be properly cleaned at initial inspection and each year
thereafter. Owner has option to seal off fireplace and make
it inoperable. Chimney must be intact, not leaning, no
missing bricks or mortar. Metal chimney parts should fit
tightly and be properly attached.
Tenant Preference:
Families may determine whether minor defects, such as lack of paint, or worn flooring or
carpeting will affect the livability of the unit.
G.
Interior Air Quality
1.
Performance Requirement
The dwelling unit must be free of pollutants in the air at levels that
threaten the health of the occupants.
2.
Acceptability Criteria
a.
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The dwelling unit must be free from dangerous levels of air
pollution from carbon monoxide, sewer gas, fuel gas, dust,
and other harmful pollutants.
171
b.
There must be adequate air circulation in the dwelling unit.
c.
Bathroom areas must have one window that can be opened
or must provide ventilation by a mechanical or other type
of vent that would prevent accumulation of unhealthful
odors or sewer gases.
d.
Any room used for sleeping must have at least one (1)
window. The window must meet code on size for
ventilation, illumination and egress.
Tenant Preference:
Families may determine whether window or door screens filters, fans or other devices for
proper ventilation are adequate to meet personal needs.
H.
Water Supply
1.
Performance Requirements
The water supply must be free from contamination.
2.
Acceptability Criteria
The dwelling unit must be served by an approved public or private
water supply that is sanitary and free from contamination.
Tenant Preference:
The family may decide if the water heater has a large enough capacity for personal family
use.
G.
Lead-Based Paint
1. Lead-Based Paint is an issue only if the unit was built before 1978 and
one of the following is true:
a.
There is a child under the age of six years old in the
household and there are visible signs of a lead-based paint
hazard such as deteriorated paint that is chipping, flaking,
peeling or chalking
OR
b.
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There is a child under the age of six years old in the
household with an EBL (Elevated Blood Lead Level), of 20
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ug/dl (one time test) or 15 ug/dl (tested twice within 3 or 4
months) regardless of whether there is a visible lead-based
paint hazard present in the unit.
If either of these conditions exists, the Housing Authority must
inform the Owner that proper procedures must be followed for
correcting the problem. Procedures would include stabilizing the
lead-based paint hazard.
2. If a Lead-Based Paint Hazard is present:
a. The owner may have the unit clearance tested by a certified lead-based
paint inspector. If the unit is found to be free of lead-based paint, the
owner does not have to engage the paint stabilization process.
Once a clearance examination is completed and the unit is determined
to be lead free, no further action is required for the unit. The owner
must provide the Housing Authority with a copy of the clearance letter
or report.
If the test confirms the presence of lead in a paint hazard, then HUD
regulations for the stabilization of the lead-based paint hazard must be
followed. After the paint is stabilized, a clearance examination must
be completed by a lead-based paint specialist who did not complete the
lead hazard work.
b. If the owner does not wish to have the unit tested, then the paint
hazard must be stabilized with the presumption that there is lead
present in accordance with HUD regulations. After the paint
stabilization is complete, a clearance examination must be completed
by a lead-based paint specialist who did not complete the lead hazard
work. The owner must provide the Evansville Housing Authority with
a copy of the clearance letter or report.
3. HUD regulations require that a worker trained in Lead Safe Work
Practices complete Lead-Based paint repairs and stabilization. The
worker performing the work will be required to provide proof of
training. A “Notice of Completion” is issued to every participant who
completes the HUD-approved training course.
In all cases, the following methods of lead-based paint stabilization and
interim controls should not be used because they may create dangerous
levels of lead dust and fumes:

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Open flame burning or torching.
173




Abrasive blasting without high efficiency (HEPA) vacuum
local exhaust.
Water blasting.
Machine sanding or grinding without HEPA vacuum local
exhaust.
Heat guns at temperature above 1100 degrees Fahrenheit.
Dry scraping (wet scraping should be done instead, except near
electrical outlets, where use of water could result in electrocution
hazards and except for very small areas of deteriorated paint, such
as nail holes and hairline cracks).
Paint stripping in poorly ventilated areas using a volatile stripper
that is a hazardous substance (according to regulations of the
Consumer Product Safety Commission or the Occupational Safety
and Health Administration).
4. Inspection and Testing
The Evansville Housing Authority must complete a visual assessment
during any inspection of units constructed before January 1, 1978 that will
be occupied by children under the age of six years old to determine if there
is deteriorated paint. All deteriorated paint must be stabilized and made
intact before the Evansville Housing Authority enters into a Housing
Assistance payment contract
If a child is under six years of age or a child with an elevated blood lead
level (EBL) is a member of a family that will reside in the unit, with
assistance under the Housing Choice Voucher Program, the Housing
Authority must perform a visual assessment during the inspection of the
unit to determine if there is any deteriorated lead-based paint.
If defective paint surfaces are found, the unit may not be approved unless
surfaces have been treated in accordance with HUD regulations.
If the unit is found to contain deteriorated lead-based paint, the
deteriorated paint or any lead-based paint hazards must be stabilized and
made intact within thirty calendar days from the date of inspection.
If the family already resides in the unit with assistance under the Housing
Choice Voucher Program, treatment of defective paint surfaces must be
completed within thirty calendar days from the date of inspection. When
weather conditions prevent treatment of any exterior surfaces within the
thirty day period, required treatment can be delayed for a reasonable time.
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The amount of deteriorated paint determines how it will be stabilized to
pass Housing Quality Standards (HQS) and whether clearance testing is
required.
If the area of deteriorated paint is less than the de minimis level, the paint
must still be stabilized, but, for these small amounts of deterioration, leadsafe work practices and clearance testing is not required.
De Minimis levels are defined as follows:
20 square feet on an exterior surface
2 square feet in an interior area
10% of a type of building component with a small surface
area (such as painted window sills or window troughs).
5. Documentation
If the area of deteriorated paint is above the de minimis levels,
a clearance examination is required to ensure that the unit is safe for
occupancy. The Housing Authority has a list of people and companies
certified to conduct the clearance examination. The Evansville Housing
Authority will pay (up to $150.00) for the cost of the first clearance
examination. If the unit does not pass the clearance examination, the
Owner will be responsible for any subsequent examinations. The unit
will not pass Housing Quality Standards until a clearance examination
verifies the unit is lead-safe.
The Evansville Housing Authority must document that it requested
from the Health Department the addresses of the families in the service
area with EBL children.
The Housing Authority must also offer to supply the local Health
Department with addresses of families with children under the age of 6
who are receiving Housing Choice Voucher assistance.
Lead-Based Paint Requirements for Units for Children with
Elevated Blood Lead Levels (EBL) in the Housing Choice Voucher
Program.
If a child under the age of 6 is in a unit constructed before 1978, and is
identified as being lead poisoned, the Housing Authority must conduct a
risk assessment within 15 days after being notified of the presence of a
lead poisoned child.
If the risk assessment identifies lead-based paint hazards, a properly
trained worker certified in lead-based paint safe work practices must
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perform the necessary work. The person or company who performed
the risk assessment cannot be the same person or company that
performs the lead-paint hazard reduction work.
Once the lead-paint hazard reduction work is completed, a clearance
examination will be required, at the Housing Authority’s expense. If
the unit does not pass the clearance examination, the Owner will be
responsible for paying for any subsequent clearance examination. Once
the unit passes, the clearance examination, the unit has passed Housing
Quality Standards, provided there are no other repairs required.
If the family residing in the unit chooses to relocate to another unit, the
unit must pass a clearance examination before any other tenant
(including a family without a child under the age of 6) can move into
the unit receiving Housing Choice Voucher assistance.
If or when clearance is achieved, the owner must notify the tenant
within 15 days of any hazard reduction activities required by the risk
assessment. A copy of the report, along with the results of the clearance
examination, must be maintained in the tenant’s file at the Housing
Authority, and a copy must be given to the tenant.
Maintenance
Owners of units participating in the Housing Choice Voucher Program
should maintain interior and exterior paint in good condition to help
prevent children from becoming lead-poisoned.
Disclosure Requirements
The owner of a leased property built before 1978 are required to
disclose any known lead-based paint hazards to tenants, provide them
with a copy of the brochure “Protect Your Family from Lead in Your
Home”, and sign a lead-based disclosure form with the tenant.
Lead-Based Paint Exclusions
The following properties are not to be included in the lead-based paint
visual assessment.
Housing built after January 1, 1978 (when lead paint was banned for
residential use)
Housing exclusively for the elderly or people with disabilities, unless a
child under age 6 is expected to reside there.
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Zero bedroom dwellings, including efficiency apartments, single-room
occupancy housing, dormitories, or military barracks
Property that has been found to be free of Lead-Based Paint by a
certified Lead-Based Paint Inspector.
Property where all lead-based paint has been removed
Unoccupied housing that will remain vacant until it is demolished
Non-residential property
Any rehabilitation or housing improvement that does not disturb a
painted surface
Also, emergency repair actions needed to safeguard against imminent
danger to human life, health or safety or to protect property from further
structural damage is exempted.
Tenant Preference:
Families with children under 6 years of age have no decision-making authority related to
the presence of lead-based paint.
H.
Access
1.
Performance Requirements
The dwelling unit must be able to be used and maintained without
unauthorized use of other private properties. The building must
provide an alternate means of exit in case of fire (such as fire stairs
or egress through windows).
Tenant Preference:
The tenant should assist the PHA in determining if the type of emergency exit is
acceptable.
I.
Site and Neighborhood
1.
Performance Requirements
The site and neighborhood must be reasonably free from disturbing
noises and reverberations and other dangers to the health, safety,
and general welfare of the occupants.
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2.
Acceptability Criteria
The site and neighborhood may not be subject to serious adverse
environmental conditions, natural or manmade, such as dangerous
walks or steps; instability; flooding, poor drainage, septic tank
back-ups or sewage hazards; mudslides; abnormal air pollution,
smoke or dust; excessive noise, vibration or vehicular traffic;
excessive accumulations of trash; vermin or rodent infestation; or
fire hazards.
Tenant Preference:
Taking into consideration the type of neighborhood, the family selects the unit.
J.
Sanitary Condition
1.
Performance Requirements
2.
The dwelling unit and its equipment must be in sanitary condition.
Acceptability Criteria
The dwelling unit and its equipment must be free of vermin and
rodent infestation.
Tenant Preference:
Although the minimum requirement by the acceptability criteria have been met, the
family is not permitted to exercise any tenant preference regarding infestation of mice or
roaches.
K.
Smoke Detectors
1.
Performance Requirements
a.
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Except as provided in paragraph b below of this Section,
each dwelling unit must have at least one battery-operated
or hard-wired smoke detector, in proper operating
condition, on each level of the dwelling unit, including
basements but excepting crawl spaces and unfinished attics.
Smoke detectors must be installed in accordance with and
meet the requirements of the National Fire Protection
Association Standard (NFPA) 74 (or its successor
standards). If the dwelling unit is occupied by any hearingimpaired person, smoke detectors must have an alarm
system, designed for hearing-impaired persons as specified
in NFPA 74 (or successor standards).
178
Tenant Preference:
The family is not permitted to exercise any tenant preference regarding smoke detector
requirements.
12.4
ADDITIONS TO THE HQS ACCEPTABILITY CRITERIA
The Evansville Housing Authority will utilize the acceptability criteria as outlined
above with applicable State and local codes.
A.
In each bedroom, there will be at least one exterior window that can be
opened and that contains a screen.
B.
Owners will be required to scrape peeling paint and repaint all surfaces
cited for peeling paint with 2 coats of non-lead paint. An extension may be
granted as a severe weather related item as defined below.
Adequate heat shall be considered to be 70 degrees.
In units where the tenant must pay for utilities, each unit must have
separate metering device(s) for measuring utility consumption.
Other General Conditions.
C.
D.
E.
1. Bathroom.
a. Must be present.
b. Must be in a separate room, with a flush toilet in operating
condition.
c. Must have a fixed basin with a gas trap and hot and cold water in
operating condition.
d. Must have a shower or a tub with hot and cold water in operating
condition.
e. Facilities must be connected to an approved disposal system.
f. Must have 1 window which opens or adequate exhaust ventilation.
g. Must have GFIC’s (Ground Fault Circuit Interrupter) within 6 (six)
feet of water, unless attached to a medicine cabinet.
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h. Must have a permanent ceiling or wall light fixture in proper
operating condition. The permanent light must be operable from a
wall switch. No pull string lights are allowed in the bathroom.
i.
Floors must be in sound condition.
j.
Toilets and washbasins must have a gas trap.
2. Living Room.
a. Must have a window that allows natural illumination.
b. Not required to have an open able window.
c. Must have secure walls and ceilings which do not bulge or have
cracks, or have large holes, missing surfaces, or missing tile.
3. Kitchen.
a. Defined as a separate room or area which is used primarily for
preparation of meals. This area must have:
1. A separate kitchen sink for preparing food and washing dishes,
with piped hot and cold water which drains into an approved
system.
A. Must have a gas trap.
B. Must be free from major leaks which may result in
substantial water loss and damage to the unit.
C. A bathroom sink will not satisfy this requirement.
D. Must be free from rust and major damage to the sink.
E. Must hold water.
F. If there is an electrical receptacle within 6 feet of running
water, it must be GFCI protected.
G. If a garbage disposal is provided, it must be in good
working order. If not, it must be replaced or removed.
H. Although preferred, windows are not required.
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I. Pull chain light fixtures not allowed installed over kitchen
sinks.
2. A stove for cooking,
A. If gas, must have a gas shut off valve in the same room and
less than 6 feet from the appliance.
B. All burners, including the oven must light on command,
C. Must have proper size drip/burner pans,
D. The landlord/tenant may substitute a stove or range with a
microwave oven if the client agrees. The agreement must
be in the form of a written document.
3. A refrigerator for storing food.
A. Must maintain a temperature low enough to prevent food
from spoiling over a 3 to 5 day period of time. (Must be
between 32 degrees Fahrenheit and 45 degrees Fahrenheit).
B. Must be adequate for the family size,
C. Interior must be free from rust,
D. Major rust amount are not allowed on the exterior,
E. May not have exposed insulation,
F. Must have its own receptacle. No extension cords are
permitted.
4. A bedroom with a refrigerator in it cannot be defined as a
kitchen.
5. The kitchen must have 1 working outlet and 1 working,
permanently installed light fixture.
6. A window is not required; however, if present it must be free
of signs of severe deterioration or broken panes.
7. There must be no evidence of gas or water leakage that
presents the danger of fire or electrical shock.
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8. The appliances must be free of hazardous conditions, including
a damaged or broken stove, sink or refrigerator that endangers
the user.
4. Space and Security.
a. If windows are made to open, and necessary for egress they must
open and lock.
b. Exterior doors may not have deadbolts with keys for the purpose of
egress.
c. All windows must be reasonably weather-tight.
d. Windows shall not have:
1. Missing or broken panes,
2. Dangerously loose or cracked panes which cause a cutting risk.
e. Screens are required on all windows which are made to open.
f. Storm windows are not required, but if present they must be in
good operating condition.
5. Thermal environment.
a. Where the landlord provides heat, and the client has no control of
the thermostat, the temperature must be set at a temperature no
lower than 70 degrees Fahrenheit in the winter and 74 degrees
Fahrenheit in the summer.
b. Must provide a system capable of providing adequate heat directly
or indirectly to all rooms used for living.
c. Furnaces and air conditioners must be in proper working order.
d. If air conditioning is either present in the unit (central or window),
when the tenant chooses the unit, or is to be added later, the
owner is responsible for maintenance of the cooling system.
Failure to maintain in-place air conditioning would be considered a
breach of owner contractual obligations to the Leased Housing
Program.
1. Tenant furnished air conditioners are the responsibility of the tenant to maintain.
6. Illumination
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a. Receptacles Required. The living room requires two receptacles or,
one receptacle and one permanently installed ceiling or wall light
fixture,
1. The kitchen requires one working receptacle and one
permanently installed wall or ceiling fixture in working
condition. (a working outlet cannot substitute for a light
fixture)
2. A bathroom requires a permanent light fixture in working
condition. (a working receptacle cannot substitute for a light
fixture)
3. A bedroom or any other room used for sleeping requires two
receptacles, or one receptacle and one permanently installed
light fixture.
4. All other rooms used for living require a means of natural or
artificial illumination such as a light fixture, wall receptacles to
service a lamp, a window in the room or adequate light from an
adjacent room.
5. The following may not be counted as a permanent light fixture
for HQS purposes:
a. Table or floor lamps,
b. Ceiling lamps plugged into a receptacle,
c. An extension cord plugged into another receptacle.
6.
Receptacles must be permanently installed and have covers.
7.
Floor receptacles must have a metal cover.
8.
Additional receptacles may be required to ensure that the unit
has sufficient electrical sources. This will be at the discretion
of the Inspector.
7. Overall Property Review.
a. Garages must meet codes as defined in Section F. 2. g. and must
have one (1) GFCI if electrical tools may be used in the garage
area.
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b. A room may not be counted as a bedroom if you must pass through
the room to get to the bathroom.
1. Exception: where a bathroom is located between the only 2
bedrooms and has separate entries into the bathroom, and the
bedrooms are clearly designed as sleeping rooms.
c. Handrails and Railings
1. If more than 3 steps are present, a handrail shall be required on
both exterior and interior steps.
2. If the porch or balcony or other area is more than 29” high, a
railing is required.
d. Gutters and Downspouts
1. Gutters and Downspouts shall be free of debris and must
adequately drain water away from the unit.
2. Must be in good overall condition.
3. Every structure shall have adequate gutters and downspouts in
sound condition maintained in good repair to divert normal rain
water from the roof to an available storm sewer or to other
areas on the premises where dispersal of water will not
adversely affect the foundation of any dwelling.
e. Water Heaters.
1. If gas fired and placed in the garage or in other areas where
flammable chemicals are kept, the water heater must be
elevated 18” off of the floor.
2. Gas fired water heaters may not be installed in bedrooms or
sleeping areas.
3. Must have a pressure relief valve.
4. Must have a discharge line of CPVC, lead, or copper and must
be securely attached according to HUD and city code.
5. Discharge pipe must be no more than 6” off of the floor
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6. Must be enclosed. Gas water heater in living area must have
safety dividers or shields. (A physical enclosure must be
between the gas water heater and the living space used by the
family). This space includes but is not limited to the kitchen,
living room, bath, or any other living areas.
7. Must have a vent cap.
8. Must have a shield over heat and cover over flame.
9. Must have a vent pipe in good condition, installed according to
HUD or city code.
10. Must not leak.
11. If gas, must have a gas shut off valve.
12. Must have ¾ “discharge pipe if there is a ¾ inch pressure relief
valve.
13. Combustible materials must NOT be stored near a gas water
heater.
f. Furnace.
1. Gas fired furnaces cannot be installed in a bedroom or sleeping
area.
2. Furnace must have a securely attached cover installed on the
gas piping and ahead of the union within 6 feet and in the same
room as the gas fired appliance.
3. Furnace must have securely attached cover on front of furnace
(over flame).
4. Furnace must have all manufacturer’s covers and vents intact.
5. No space heaters are allowed.
6. Must have gas shut off valve on gas fired furnace.
7. Must have adequate ducts in the home for delivery of heat.
8. Must not have holes in the furnace.
9. Must not have holes in the ductwork.
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10. Must be well ventilated.
11. Must have a clean filter.
12. Must be in good operating condition.
13. Must be properly installed and maintained as per requirements
of manufacturer.
g. Fuse Box.
Must be covered.
Must contain blanks in the fuse box were applicable.
All fuses must be present in the fuse box where applicable.
h. Basements.
1. Lights must be contained in porcelain fixtures.
2. Steps must be lighted and light must be controlled by a wall
switch.
3. Must not have surface water standing more than 3 days.
4. Sump pumps may be required.
5. Sump pumps must be covered.
6. No broken windows are allowed.
7. No openings that could allow rodents to enter the basement are
allowed.
8. Must be free of debris
9. Steps must have a handrail on the open side.
i.
Other General Conditions of the Unit.
1. No broken glass in the yard or near the home is allowed.
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2. Excessive debris must be removed.
3. Exterior must be painted or have vinyl siding/brick or other
acceptable exterior material. Paint must be intact and free of
signs of deterioration.
4. Building materials may not lie in or around the yard for more
than 5 days.
5. Insulation must be covered.
6. Exits must be free of debris.
7. At the discretion of the Inspector or the Leased Housing
Director, the EHA may require additional maintenance/service
for issues that affect the health, safety, and well-being of the
family and the community.
8. Tripping hazards inside or outside of the unit are not permitted.
9. General Rule of Inspection:
If an appliance or other device is provided for the unit at the time of the initial lease, it
MUST be in proper working order and in compliance with manufactures instructions as
well as HUD Federal, Local and State laws.
Recommendation
EHA does not require, but strongly suggests the installation of at least one
Carbon Monoxide Detector in units that contain gas utilities.
Where necessary, the EHA will gain approval for the use of acceptability criteria which
are based on federal, state and local codes, or national standards that satisfy the purpose
of HQS. These include but are not limited to: HUD Housing Inspection Manual – Section
8 Existing Housing Program, The City of Evansville Council of American Building
Officials regulations guide.
SEMAP INDICATORS RELATED TO INSPECTIONS AND HQS
Introduction
The following five SEMAP Indicators, totaling 50 points, are directly or indirectly related
to PHA compliance with program inspection requirements:
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contract during the last completed PHA fiscal year;
led HQS inspections in the last
year.
The scores for SEMAP Indicators 11 and 12 are determined by data submitted by the
PHA to HUD through MTCS.
SEMAP Certifications and Scoring are discussed in Chapter 1, Introduction.
Certification of Indicators 2, 5, and 6 is audited by the EHA through quality control
sampling. Sample size varies depending upon the housing authority size. The scores
resulting from the EHA quality control process and certified by the EHA to HUD will be
verified by the EHA independent auditor.
Indicator 2, Rent Reasonableness
When determining the rent to owner, data must be gathered on a variety of units in order
to allow the PHA to make a comparability determination. EHA staff’s conducting the
initial pre-contract inspection is the most likely candidates to gather or verify the data,
using the nine factors in the rent reasonableness procedure.
Indicator 5, HQS Quality Control Inspections
EHA supervisor or other qualified person must re-inspect a sample of units under
contract during the last PHA fiscal year. The guidelines included in Table 10-1 determine
the required sample size.
The universe referred to in Table 10-1 is the number of units under HAP contract at
the end of the PHA’s previous fiscal year. Example: The PHA fiscal year ends December
31, 2000. The SEMAP 2000 rating year for this PHA is January 1- December 31, 2000.
The universe for this indicator is the number of units under HAP contract on December
31, 1999.
Completed HQS inspections included in the sample must be no older than three
months at the time of the re-inspection. The sample must represent a cross section of
neighborhoods where program units are located and inspections completed by all HQS
inspectors. The sample should also include a cross-section of initial and annual
inspections.
Quality control re-inspections should be conducted by staff trained in the PHA’s
inspection standards and should receive the same guidance as other PHA inspectors on
inspection policies and procedures.
In addition to monitoring SEMAP compliance, quality control inspections provide
feedback on inspectors’ work, which can be used to determine if individual performance
or general HQS training issues need to be addressed. For SEMAP purposes, an HQS
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deficiency found at the time of the quality control re-inspection represents a “fail” quality
control inspection. When rating an individual inspector’s performance, the quality control
inspector should take into account whether the failed item occurred since the previous
inspector was on site. Often the tenant can describe when the deficiency occurred and
will be helpful in making this determination.
Deficiencies that occurred after the original inspection should not be held against the
inspector’s performance record.
The EHA should maintain a quality control tracking system for each SEMAP year, which
indicates, the address of the units, date of original inspection and inspector, date of the
quality control inspection, results of the quality control inspection, and location of the
unit by neighborhood, zip code, census tract, etc.
Indicator 6, HQS Enforcement
All life-threatening HQS deficiencies must be corrected within twenty-four (24) hours
of inspection and all other cited HQS deficiencies must be corrected no more than 30
calendar days from the inspection unless the EHA approved an extension of time for
correction.
For HQS deficiencies that are the owner’s responsibility and are not corrected within
the prescribed time frames, the EHA must abate housing assistance payments beginning
no later than the first of the month following expiration of the EHA violation notice.
Violation notices should contain language regarding abatement of payment for owner
failure to make corrections.
For HQS deficiencies that are the responsibility of the tenant and are not corrected
within the prescribed time frames, the EHA must take prompt and vigorous action to
enforce family obligations following program requirements.
Compliance with this indicator is determined through quality control of files and
records. The number of failed units in the EHA’s past fiscal year establishes the universe.
The EHA should establish the definition of deficiencies that will be considered
emergency fail items and should put a procedure in place to record, track, and close
violations within 24 hours of inspection or take abatement action.
Promptly following inspection, EHA’s should issue violations letters for emergency fails
to the responsible party. This may be done by fax, courier, overnight mail, or regular mail
and should be followed by personal contact. EHAs should have a system to cover these
circumstances on weekends and holidays when staff is not readily available to conduct
re-inspections. Potential approaches include: phone calls to the tenant or owner within the
24 hour period to verbally determine compliance, followed by a site re-inspection the
next business day; rotation of inspectors to cover holiday and Saturday re-inspections;
receipt by fax of owner/tenant certifications that corrections are made within the required
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time frame, or telephone confirmation to a voice mail system followed by a re-inspection
on the next business day.
Promptly following inspection, notices to correct routine violations should be issued and
should state a date for compliance that allows time for corrections to be made and a reinspection to be conducted within the 30-day time frame. Letters of violation should
clearly state that failure to gain entry to the unit or failure to comply will result in
abatement of assistance payments on the first of the month following the correction
period.
Inspectors must identify the party responsible for each HQS violation listed on the
inspection instrument so that proper notice can be sent to the owner and/or tenant for the
appropriate items. This precludes abatement of owner rent when the violation(s) is the
responsibility of the tenant. Housing assistance payments are never abated for tenant
deficiencies.
The EHA must have a system to promptly identify units for which deficiencies have not
been corrected within the required timeframe, in order to indicate abatement of rent
and/or termination of assistance to the family. Termination of assistance procedures
should be stated in the EHA administrative plan. In order to meet the SEMAP
requirement to “take prompt and vigorous action” for tenant violations the EHA should
strictly follow these procedures when the family fails to correct HQS violations.
EHA should monitor HQS enforcement on a regular basis (daily, weekly, or monthly) to
guarantee that re-inspections occur within the proper time frames. EHA may not penalize
owners for EHA failure to conduct the re-inspections on time. However, if owners fail to
comply or allow entry into the unit, the EHA should notify the owner that it will begin
abatement in 30 days.
For fairness and consistency, EHA’s should have an established policy and procedure for
receiving and processing requests for HQS compliance deadline, including the conditions
under which extensions will be granted. It is not advisable to grant extensions without
just cause, or to grant verbal extensions; this can be construed as circumvention of the
SEMAP requirement.
The EHA must have a system to record the results of SEMAP quality control reviews of
inspections. At a minimum, the system should provide: the address of the unit, date of
original failed inspection, responsibility for the deficiency (tenant or owner), date of reinspection, result(s) of the re-inspection, date owner notified of abatement, actual date of
abatement, any extensions to that date, and initiation and status of termination of tenancy.
The EHA should regularly monitor the tracking system to assure compliance.
Indicator 11, Pre-Contract Inspections
EHA must conduct initial inspections to determine that a unit passes HQS
requirements on or before the effective date of the assisted lease and HAP contract.
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Scoring of this indicator is based upon the date of the passed inspection reported on
the form HUD 50058 transmitted through MTCS. The EHA should routinely ensure that
all new units pass HQS inspection prior to lease and HAP execution. The staff person
responsible for signing the HAP contract should review the file to determine whether the
unit passed before the HAP contract effective date.
Monthly MTCS reports should be monitored by the EHA to ensure that the system
accurately reflects the EHA’s performance.
Indicator 12, Annual Inspections
Each unit under HAP contract must be inspected at least annually and no more than 12
months following the most recent inspection.
Scoring for this indicator is determined by data submitted to HUD for reporting in
MTCS.
Following procedures described earlier in this chapter, the EHA should carefully
determine the number of units to be scheduled for inspection in the upcoming SEMAP
year.
Tracking systems and management reports should be in place to ensure that units are
being inspected within the required 12-month period.
For purposes of this indicator, MTCS monitors the date of the last inspection of the unit
to determine if it occurred within twelve months. EHA shall exercise caution that the
correct date is placed into the system. The unit does not have to pass inspection within
the time frame, but an inspection must occur.
Prompt scheduling is essential to getting all unit inspections conducted within required
time frames. PHAs should review their scheduling procedures to determine if other
processes that may result in inspections not being completed on time, are linked to annual
inspection, such as the recertification process or families that are searching for new units.
PHAs are also encouraged to streamline procedures and increase owner/tenant education
to limit the number of units which are ready for inspection when scheduled. This requires
a rescheduled or follow-up inspection.
PHAs should consider decoupling inspection from re-certifications to balance monthly
inspector workload. Annual inspections do not have to coincide with the recertification
process.
Inspections may be de-coupled from the recertification process and conducted by other
methods such as by zip code, specific buildings or apartment complexes, census track or
ownership.
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Chapter 12
OWNER RENTS, RENT REASONABLENESS, AND PAYMENT STANDARDS
[24 CFR 982.503, 982.504, 982.505, 982.507]
EHA will determine rent reasonableness in accordance with 24 CFR 982.507. It is EHA's
responsibility to ensure that the rents charged by owners are reasonable based upon
unassisted comparable units in the rental market, using the criteria specified in 24 CFR
982.507(b).
This chapter explains EHA's procedures for determination of rent reasonableness,
payments to owners, and adjustments to the payment standards, and rent adjustments.
See Chapter 11 for additional constraints on rent (40 percent cap on affordability).
A. Making Payments to Owners [24 CFR 982.451]
Once the HAP Contract is executed, EHA begins processing payments to the landlord. A
HAP register will be used as a basis for monitoring the accuracy and timeliness of
payments. Checks are disbursed by EHA’s Accounting Department to the owner each
month, in one of the following ways:
1.
2.
3.
Direct deposit to owner’s account;
Remittance Advises mailed to owner’s address of record;
Special issue deposits as required (ordered 2x/ month) mailed to owner’s address of
record; or
Excess Payments
The total of rent paid by the tenant plus EHA Housing Assistance Payment to the owner
may not be more than the rent to owner specified in the HAP Contract. The owner must
immediately return any excess payment to EHA.
Owners who do not return excess payments will be subject to penalties outlined in
Chapter 18, Owner or Family Debts to EHA.
Late Payments to Owners
In keeping with generally accepted practices in the local housing market, EHA will pay
to the owner a $25.00 late fee, or the late fee specified in the owner’s lease charged to
tenants whose rent is late, whichever is lower, for Housing Assistance Payments that are
not received by the owner by the 10th day of the month, if requested by the owner. The
late fee shall apply to late Housing Assistance Payments after the first two calendar
months of the HAP contract term.
Proof of “mailed to” date will be the date the HAP register was run.
Proof of “received by owner” will be 10 calendar days after date of mailing by EHA.
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EHA will not be obligated to pay any late payment penalty if HUD determines that late
payment is due to factors beyond EHA's control, such as a delay in the receipt of program
funds from HUD.
B. Rent Reasonableness Determinations [24 CFR 982.507]
EHA will determine and document on a case-by-case basis that the approved rent is
reasonable in comparison to rent for other comparable unassisted units in the market.
EHA will not approve a lease until EHA determines that the initial rent to owner is a
reasonable rent.
EHA must re-determine the reasonable rent:
1. Before any increase in the rent to owner;
2. If there is a 5 percent decrease in the published FMR in effect 60 days before the
contract anniversary (for the unit size rented by the family) as compared with the
FMR in effect one year before the contract anniversary;
3. If directed by HUD; and
4. Based on a need identified by EHA's auditing system.
EHA may elect to re-determine rent reasonableness at any other time.
At all times during the assisted tenancy, the rent to owner may not exceed the reasonable
rent as most recently determined or re-determined by EHA.
The owner will be advised that by accepting each monthly housing assistance payment he
or she is certifying that the rent to owner is not more than rent charged by the owner for
comparable unassisted units in the premises.
If requested, the owner must give EHA information on rents charged by the owner for
other units in the premises or elsewhere. The data for other unassisted units will be
gathered from market surveys.
The market areas for rent reasonableness are census tracts/neighborhoods within EHA's
jurisdiction. Subject units within a defined housing market area will be compared to
similar units within the same area.
Rent Reasonableness Methodology
EHA bases its rent reasonableness determinations on current market surveys provided by
an independent consultant with expertise in the local real estate market.
In addition, EHA may obtain information from other sources such as:
1. The state, city, real estate agents, or banks;
2. Classified ads, multiple listings, etc.; and
3. Owner -provided rent rolls of comparable units, confirmed by EHA.
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COMPARABILITY
In making a rent reasonableness determination, the Evansville Housing Authority
will compare the rent for the unit to the rent of comparable units in the same or
comparable neighborhoods. The Evansville Housing Authority will consider the
location, quality, size, number of bedrooms, age, amenities, housing services,
maintenance and utilities of the unit and the comparable units.
The Evansville Housing Authority will maintain current survey information on
rental units in the jurisdiction. The Housing Authority will also obtain from
landlord associations and management firms the value of the array of amenities.
Owners are invited to submit information to the survey at any time. Owners may
review the determination made on their unit and may submit additional
information or make improvements to the unit that will enable the Evansville
Housing Authority to establish a higher value.
The owner must certify the rents charged for other units. By accepting the housing
assistance payment each month the owner is certifying that the rent to owner is
not more than the rent charged by the owner for comparable unassisted units in
the premises.
EHA shall take the following unit characteristics into account in making rent reasonable
determinations:
1. Size (number of bedrooms/square footage);
2. Location;
3. Quality and condition of the unit;
4. Amenities (number of bathrooms, washer/dryers, on site services, etc.);
5. Housing services;
6. Age of unit;
7. Unit type;
8. Maintenance; and
9. Utilities.
Change in Rent [CFR 982.308(g)]
The owner is required to notify EHA, in writing, at least 60 days before any change in the
amount of rent to owner is scheduled to go into effect. Any requested change in rent to
owner will be subject to rent reasonableness requirements [24 CFR 982.507].
C. Payment Standards [24 CFR 982.503; Move to Work Agreement, TBA]
The payment standard is used to calculate the Housing Assistance Payment for a family.
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Basic Range: Up to 120 percent of HUD FMR
Consistent with EHA’s authority to establish its own policies regarding payment
standards (Move to Work Agreement, TBA), EHA may set its payment standard between
90 percent and 120 percent of the HUD published Fair Market Rent (FMR). This is
EHA’s “basic range.”
EHA reviews the appropriateness of the payment standard annually when the FMR is
published. EHA will establish payment standard amounts for each unit size.
MAXIMUM SUBSIDY
The Fair Market Rent (FMR) or Payment Standard published by HUD (requested
by the Evansville Housing Authority and approved by HUD) determines the
maximum subsidy for a family.
For a regular tenancy under the Certificate Program, the FMR/exception rent limit
is the maximum initial gross rent under the assisted lease. This only applies until
the transition of the merger of the Section 8 Certificate and Voucher programs as
outlined in 24 CFR 982.502 is complete.
For the Voucher Program, the maximum payment standard will be 110% of the
FMR without prior approval from HUD, or the exception payment standard
approved by HUD.
For a voucher tenancy in an insured or noninsured 236 project, a 515 project of
the Rural Development Administration, or a Section 221(d)(3) below market
interest rate project the payment standard may not exceed the basic rent charged
including the cost of tenant-paid utilities.
For manufactured home space rental, the maximum subsidy under any form of
assistance is the Fair Market Rent for the space as outlined in 24 CFR 982.888.
Accommodation Payment Standard
EHA may provide an accommodation payment standard for persons with disabilities
under the following circumstances:
1. The family requests the accommodation in writing; and
2. The family provides verification of the disability meeting the standards
described in Chapter 1, and the verification includes verification that the need
for the higher payment standard is related to the disability.
The accommodation payment standard shall be established within the basic range, unless
an increase beyond the basic range is approved by the EHA Board of Commissioners.
D. Adjustments to Payment Standards [24 CFR 982.503]
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Decision Points in Review of Payment Standards
EHA will review the following factors at least annually, and consider increasing the
voucher payment standard within the basic range for units of particular size when the
following conditions are true:
1. More than 40 percent of families are paying more than 30 percent of monthly
gross income for rent and utilities; and
2. More than 25 percent of new voucher holders with vouchers of a particular unit
size fail to lease up within 60 days of issuance.
Program Not to Contract by More than 5 percent Without Board Authorization
If either of the above conditions prevails, EHA shall increase the payment standard
within the basic range for units of different sizes, if it can do so within the allocated
budget authority for the program without reducing the number of households served by
the overall program by more than 5 percent.
EHA staff shall not increase the payment standard such that it causes the program to
contract by more than 5 percent without specific authorization by the EHA Board of
Commissioners.
Lowering of the Payment Standard
Lowering of the FMR may require an adjustment of the payment standard. In any case,
the payment standard will not be set below 90 percent of the FMR without authorization
by the EHA Board of Commissioners.
APPLYING THE PAYMENT STANDARD
An EHA is to use the lower of the payment standards that applies to the family unit size
indicated on the voucher, or the actual unit size rented by the family.
The utility allowance for the actual unit size selected is always used regardless of the
family’s voucher size.
When changes in the payment standard apply to an existing housing payment
The payment standard that is applied to a family may be changed only at regular
reexamination or when a family moves
When a family moves to another unit, the EHA must apply a different payment standard
if one of the following circumstances applies:
used.
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dard for the
appropriate
unit size under the new occupancy standard is used.
appropriate unit size is used.
If there is a change in family unit size resulting from a change in family size or composition, the
new family unit size will be considered when determining the payment standard at the next annual
reexamination.
A family may request an interim re-determination of the housing assistance payment at
any time, based on a change in the family’s income, adjusted income, size or
composition.
Re-determination of the housing assistance payment as a result of an interim
reexamination for these reasons does not affect the payment standard applicable to the
family if the family remains in place.
A participant receives a utility reimbursement only if the family pays some or all of its
utilities and the rent to the owner is less than the housing assistance payment.
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Chapter 13
RECERTIFICATIONS
[24 CFR 982.516]
In accordance with HUD requirements, EHA will re-examine the income and household
composition of all families at least annually. Recertification and interim examinations
will be processed in a manner that ensures families are given reasonable notice of
decreases in the Housing Assistance Payment and corresponding increases in tenant rent
(hereafter referred to as rent increases). This Chapter defines EHA's policy for
conducting annual recertification. It also explains the interim reporting requirements for
families, and the standards for timely reporting of changes in family income or
composition.
A. Annual Activities [24 CFR 982.516, 982.405]
There are three activities EHA must conduct on an annual basis:
1. Recertification of income and family composition;
2. HQS inspection; and
3. Rent to owner adjustment.
B. Annual Recertification/Re-Examination [24 CFR 982.516]
Moves between Re-Examinations
When a family moves to another dwelling unit, the annual recertification will be
scheduled to correspond with the effective date of the new HAP Contract.
Income limits are not used as a test for continued eligibility at recertification.
Re-Examination Notice to the Family
EHA will maintain a re-examination tracking system and the household will be notified
by mail of the recertification requirements at least 90 to 120 days in advance of the
anniversary date. If requested as an accommodation by a person with a disability, EHA
will provide the notice in an accessible format. EHA will also mail the notice to a thirdparty, if requested as reasonable accommodation for a person with disabilities.
The anniversary date will be the first day of a given month. In situations when a HAP
contract effective date is on a date other than the first of a given month, recertification
date will be the first of the next month after the initial effective date. Examples:
When a HAP contract begins on the first of a month, recertification will take place
after one year (i.e., 8/1/00 - 7/31/01; recertification date will be 8/1/01).
When a HAP contract does not begin on the first of a month, recertification occurs
the same month the contract is executed..
Completion of Annual Recertification and Notice of Change in Rent
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EHA will complete all recertifications for families before the anniversary date, including
notifying the family of any increases in rent at least 30 days before the anniversary date.
If the family’s rent portion remains the same or decreases, EHA may give less than 30
days written notice to the family.
Persons with Disabilities
Persons with disabilities who are unable to complete their annual review by mail will be
granted an accommodation which includes conducting the interview at the person's home
or other location, as requested by the family, upon verification that the accommodation
requested meets the need presented by the disability.
Collection of Information [24 CFR 982.516(f)]
All participant of the Leased Housing Department will receive a minimum of two letters
to schedule their annual recertification appointment.
First: EHA will mail the Annual Recertification Packet along with a Notice of Annual
Review of Eligibility letter. This letter will specify the date and time by which the family
must attend the annual recertification interview.
Second: If the family does not attend the annual recertification interview, they will
receive a second letter indicating that they will not be rescheduled but will have a
deadline to being in all documentation for the annual recertification. This request
indicates that failure will result in a termination letter to be sent on the day after the
requested items are due into the office.
Third: A termination letter is then mailed to the tenant and the landlord indicating that
their failure to conduct the annual recertification has resulted in the termination of their
assistance.
Review Notice / Review Appointment Notice
A review notice or review appointment notice is mailed to the participant family
requiring the family to provide information, verifications and signatures on required
documents by a specified date.
Requirements to Attend
The head of household and anyone in the household that is 18 years or older is required
to attend the recertification interview.
Failure to Respond to Notification to Recertify
If the family fails to submit some or all of their required documents by the deadline noted
in the first notification letter, and has not made prior arrangements with EHA, EHA will
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mail a second notification letter to the family. The second letter will outline the steps
necessary for the family to complete their review, and if necessary will be attached to
another set of review forms for the family to complete.
If the family fails to respond to the second notice, and has not rescheduled or made prior
arrangements, EHA will send the family notice of termination and offer them an informal
hearing.
Exceptions to these policies may be made by the Leased Housing Director if the family is
able to document an emergency situation that prevented them from canceling or attending
the appointment, or, if requested, as a reasonable accommodation for a person with a
disability.
Documents Required From the Family
In the notification letter to the family, EHA will include instructions for the family to
submit the following:
1. Documentation of all income and assets declared by the family on their Personal
Declaration and/or as requested by EHA;
2. Documentation of any deductions/allowances;
3. Personal Declaration form completed by head of household, and signed and dated
by all family members age 18 and older;
4. Authorization for the Release of Information completed by head of household,
and signed and dated by all family members age 18 and older; and
5. EHA citizenship declaration forms completed by head of household and all family
members age 18 and older.
6. Recertification Packet
7. Zero income certification
Participant Identification
At the time of any annual reexamination, including one performed at the time of
re-contracting (moves), each adult member of the family, including any approved
live-in aide, must provide proof of identity in the form of either:
1. A government issued photo identification card, or
2. A non-government photo identification card and one other form of
identification.
All identification must be valid and current. Failure to provide appropriate
identification or documentation that the family has undertaken actions to obtain
proper identification, within 30 days of the EHA’s request shall be considered a
violation of the family’s obligations and grounds for termination of assistance.
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Verification of Information
EHA will follow the verification procedures and guidelines described in Chapter 8.
Verification documents for re-examinations must be current within 60 days of the
submission deadline date stated in the family’s initial notification letter.
Tenant Rent Increases
If tenant rent increases, a 30-day notice is mailed to the family prior to the scheduled
effective date of the annual recertification.
If less than 30 days are remaining before the scheduled effective date of the annual
recertification, the tenant rent increase will be effective on the first of the month
following the 30-day notice.
If there has been a misrepresentation or a material omission by the family, or if the family
causes a delay in the re-examination processing, there will be a retroactive increase in
rent to the scheduled effective date of the annual recertification. The family will forfeit
the 30 day notice if they are responsible for a delay in timely processing of the annual
recertification.
Tenant Rent Decreases
If tenant rent decreases, the decrease will be effective on the scheduled annual
recertification date.
If the family causes a delay so that the processing of the re-examination is not complete
by the anniversary date, the rent change will be effective on the first day of the month
following completion of the re-examination processing by EHA.
C. Reporting Interim Changes [24 CFR 982.516]
Additional Family Members
Program participants must report all changes in household composition to EHA between
annual re-examinations. This includes additions to the family composition due to birth,
adoption and court-awarded custody and/or guardianship. The family must obtain EHA
approval for all potential household members age 18 years or older prior to being added
to the household. Additionally, the family must also obtain written consent from the
landlord that the addition of family members 18 years or older is allowed. This consent
must be in writing.
If any new family member is added, family income must include all income of the new
family member. EHA will conduct an interim re-examination to review such additional
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income and will make the appropriate adjustments in the Housing Assistance Payment
and family unit size.
The U.S. citizenship/eligible immigrant status of additional family members must be
declared and verified as required at the first regular recertification after moving into the
unit.
Increases in Income
Families are required to report all increases in income/assets within 10 business days of
the change.
Interim Re-Examination Policy
EHA shall conduct interim re-examinations when families report any changes in
income/composition in the following cases:
1. Change in family composition , that results in the removal or addition of persons;
2. Families where at least one adult reported zero income at the family’s last review,
and is now receiving some form of income; and
3. Written request from the family (example: FSS family who receives interim
increase in family income wishes to increase their rent so that their FSS escrow
will increase).
4. Increases or decreases in income.
5. All other changes.
EHA may conduct interim re-examinations when families report increases in income in
other circumstances, if:
1. The increase will have a material effect on the family’s TTP (greater than 10
percent); or
2. The increase follows a decrease in income, which resulted from the participant’s
voluntary action (e.g., a request to an employer to decrease hours, or a request to
reduce or eliminate TANF payments).
Decreases in Income
Participants may report a decrease in income and other changes which would reduce the
amount of tenant rent, such as an increase in allowances or deductions. EHA must
calculate the change in tenant rent if a decrease in income is reported.
EHA Error
If EHA makes a calculation error at admission to the program or at an annual reexamination, an interim re-examination will be conducted, if necessary, to correct the
error, but the family will not be charged retroactively if the correct calculation results in
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an increase in rent. Families will be given decreases, when applicable; retroactive to the
date the decrease for the change would have been effective had the rent been calculated
correctly.
D. Other Interim Reporting Issues
An interim re-examination does not affect the date of the annual recertification.
Most interim reviews will be conducted by completing the Personal Interim Declaration
form and by providing the required verification forms. (See Chapter 4, Voucher Issuances
Process, and Chapter 14, Moves with Continued Assistance/Portability).
Any changes reported by participants, other than those listed in Section C above, will be
noted in the file, but will not be processed between regularly-scheduled annual
recertification’s.
E. Income Changes Resulting from Welfare Program Requirements [24 CFR
5.615]
EHA will not reduce the family share of rent for families whose welfare assistance is
reduced due to a “specified welfare benefit reduction,” which is a reduction in benefits by
the welfare agency specifically because of:
1. Fraud in connection with the welfare program; or
2. Non-compliance with a welfare agency requirement to participate in an economic
self-sufficiency program.
However, EHA will reduce the rent if the welfare assistance reduction is a result of:
1. The expiration of a lifetime time limit on receiving benefits;
2. A reduction in welfare assistance resulting from the family’s failure to obtain
employment, after having complied with welfare program requirements; or
3. A reduction in welfare assistance resulting from a family member’s failure to
comply with other welfare agency requirements.
Families Affected by Welfare Rules
Families are affected by the welfare rules discussed above if they receive benefits for
welfare or public assistance from a state or public agency program which requires, as a
condition of eligibility to receive assistance, the participation of a family member in an
economic self-sufficiency program.
Definition of “Imputed Welfare Income”
“Imputed welfare income” is the amount of annual income, not actually received by a
family, as a result of a specified welfare benefit reduction, that is included in the family’s
income for purposes of determining rent.
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The amount of imputed welfare income is determined by EHA, based on written
information supplied to EHA by the welfare agency, including:
1.
2.
3.
4.
The amount of the benefit reduction;
The term of the benefit reduction;
The reason for the reduction; and
Subsequent changes in the term or amount of the benefit reduction.
The family's annual income will include the imputed welfare income, as determined at
the family's annual or interim re-examination, during the term of the welfare benefits
reduction specified by the welfare agency.
The amount of imputed welfare income will be offset by the amount of additional income
the family receives that commences after the sanction was imposed. When additional
income from other sources is at least equal to the imputed welfare income, the imputed
welfare income will be reduced to zero.
If the family was not an assisted resident when the welfare sanction began, imputed
welfare income will not be included in annual income.
Verification before Denying a Request to Reduce Rent
EHA will obtain written verification or verbal phone verification from the welfare agency
stating that the family’s benefits have been reduced due to fraud or non-compliance with
welfare agency economic self-sufficiency or work activity requirements before denying
the family’s request for rent reduction.
EHA will rely on the welfare agency’s written notice or verbal phone verification
regarding welfare sanctions.
Family Dispute of Amount of Imputed Welfare Income
If the family disputes the amount of imputed income, the Housing Specialist or the
Leased Housing Director will review the calculation for accuracy. If EHA denies the
family’s request to modify the amount, EHA will provide the tenant with a notice of
denial, which will include:
1. An explanation for EHA’s determination of the amount of imputed welfare
income;
2. A statement that the tenant may request an informal hearing; and
3. A statement that the grievance information received from the welfare agency
cannot be disputed at the informal hearing, and the issue to be examined at the
informal hearing will be EHA’s determination of the amount of imputed welfare
income, not the welfare agency’s determination to sanction the welfare benefits.
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F. Notification of Results of Recertification’s [HUD Notice PIH 98-6]
The HUD Form 50058 will be completed and transmitted as required by HUD.
A continuation form noting the changes in rent portions will be mailed to the owner and
the tenant. Signatures are required by EHA staff and the Director. If the family disagrees
with the rent adjustment, they may request an informal hearing.
G. Timely Reporting of Changes in Income and Assets [24 CFR 982.516(c)]
Standard for Timely Reporting of Changes
EHA requires that families report interim changes to EHA within ten (10) business days
of when the change occurs. Any information, document or signature needed from the
family, which is needed to verify the change, must be provided by the deadline specified
by EHA.
Procedures When the Change is reported in a Timely Manner
EHA will notify the family and the owner of any change in the Housing Assistance
Payment, which will take effect according to the following guidelines:
1. Increases in the tenant rent are effective on the first of the month following at
least a 30-day notice; and
2. Decreases in the tenant rent are effective the first of the month following the
month in which the change is reported, within the limitations described above for
timely notification of reduced income. In general, rent reductions will not be
processed until all the facts have been verified. However, a change may be
implemented based on documentation provided by the family, pending third-party
written verification.
Procedures When the Change is not reported by the Family in a Timely Manner
If the family does not report the change as described above, the family will have caused
an unreasonable delay in the interim re-examination processing and the following
guidelines will apply:
1. Increase in tenant rent will be effective retroactive to the date it would have been
effective had it been reported on a timely basis. The family will be liable for any
overpaid housing assistance and may be required to sign a repayment agreement;
and
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2. Decrease in tenant rent will be effective on the first of the month following the
month that the change was reported, assuming the family complies with all EHArequired document submission deadlines.
Procedures When the Change is not processed by EHA in a Timely Manner
“Processed in a timely manner” means that the change goes into effect on the date it
should, by policy, when the family reports the change in a timely manner. If the change
cannot be made effective on that date, the change has not been processed by EHA in a
timely manner.
In the event that a change is not processed by EHA in a timely manner, an increase will
be effective after the required 30-day notice prior to the first of the month after
completion of processing by EHA.
If the change resulted in a decrease, the overpayment by the family will be calculated
retroactively to the date it should have been effective, and the owner will be credited for
the amount the HAP was underpaid. The owner will then be responsible for crediting or
reimbursing the family for any rent they overpaid during this period.
Appointment Policy
All families are expected to promptly keep all appointments set with EHA, including
periodic unit inspections, and briefings sessions and other group appointments.
Unless excused by EHA, all participants 18 years of age and older must attend all
appointments set for the family. A person 18 yrs. of age or older must be present to allow
an inspection of the unit.
Late Arrival
A family will be considered to have missed the appointment if it is more than 10 minutes
late for an appointment, briefing session, other group appointment; or a periodic unit
inspection. All late arrivals for appointments, briefings, orientations, other group/one-onone appointments will be rescheduled for the applicant/participant.
MISREPRESENTATION BY THE APPLICANT OR PARTICIPANT
If an applicant or Section 8 participant is found to have made willful misrepresentations
at any time which resulted in the applicant or Section 8 participant being classified as
eligible, when, in fact, they were ineligible, applicant will be declared ineligible and the
Section 8 participant will be terminated because of the act of fraud and/or willful
misrepresentation by the applicant/Section 8 participant. If such misrepresentation
resulted in the Section 8 participant paying a lower rent than was appropriate, the Section
8 participant shall be required to pay the difference between the actual payments and the
amount which should have been paid. In justifiable instances, the HA may take such
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other actions as it deems appropriate, including referring the Section 8 participant to the
proper authorities for possible criminal prosecution.
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Chapter 14
MOVES WITH CONTINUED ASSISTANCE/PORTABILITY
[24 CFR 982.314, 982.353, 982.355(a)]
HUD regulations permit families to move with continued assistance to another unit
within EHA's jurisdiction, or to a unit outside of EHA's jurisdiction under portability
procedures. The regulations also allow EHA the discretion to develop policies which
define any limitations or restrictions on moves. This chapter describes the procedures for
moves, both within and outside of EHA's jurisdiction, and the policies for restriction and
limitations on moves.
A. Allowable Moves
Provided a family’s assistance is not being terminated by EHA, a family may move to a
new unit with continued assistance when:
1. EHA has terminated the HAP Contract due to a breach by the owner;
2. The owner has given the family a notice to vacate, or has commenced an
action to evict the tenant, or has obtained a court judgment or other
process allowing the owner to evict the family, and EHA has determined
that the family is not in violation of its family obligations;
3. The owner is selling the unit, and the owner and the tenant mutually agree
to terminate the lease;
4. The family has a right to terminate the lease and has given proper notice of
lease termination;
5. An owner and a family mutually agree to terminate a lease to facilitate a
move to another unit owned or managed by the same landlord; or
6. An emergency arises which, in the opinion of EHA, necessitates a move
by the family whether or not proper notice of lease termination has been
given by the family.
B. Restrictions on Moves [24 CFR 982.314, 982.552(a)]
Families may not move within EHA’s jurisdiction, or outside EHA’s jurisdiction under
portability procedures, during the initial year of assisted occupancy, unless there are
circumstances beyond the control of the family which require a move as an
accommodation for a family member with a disability or for other good cause.
Families may not move more than once in a 12-month period, unless there are
circumstances beyond the control of the family which require a move as an
accommodation for a family member with a disability or for other good cause.
Families must repay in full the balance of any debt owed to EHA or an owner prior to the
issuance of a voucher to move, regardless of whether a payment agreement is current or
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in arrears, except in rare circumstances described in Chapter 18, Owner or Family Debts
to EHA.
EHA will deny permission to move if there is insufficient funding for continued
assistance.
Families must repay in full the balance of any debt owed a public utility for a utility
payment that is the responsibility of the Family prior to the issuance of a voucher to
move, regardless of whether a payment agreement is current or in arrears, except in rare
circumstances described in Chapter 18, Owner or Family Debts to EHA.
C. Procedure for Moves [24 CFR 982.314]
Families considering transferring to a new unit will be required to meet with the
caseworker and review an orientation packet. All families who are moving,
including any families moving into or out of the Evansville Housing Authority’s
jurisdiction, will be required to attend a mover's briefing/orientation prior to the
Evansville Housing Authority entering a new HAP contract on their behalf.
This briefing/orientation is intended to provide the following:
A.
A refresher on program requirements and the family’s responsibilities.
Emphasis will be on giving proper notice and meeting all lease
requirements such as leaving the unit in good condition;
B.
Information about finding suitable housing and the advantages of moving
to an area that does not have a high concentration of poor families;
C.
Payment standards, and the utility allowance schedule;
D.
An explanation that the families share of rent may not exceed 40% of the
family’s monthly adjusted income;
E.
Portability requirements and opportunities;
F.
The need to have a reexamination conducted within 120 days prior to the
move;
G.
An explanation and copies of the forms required to initiate and complete
the move; and
H.
All forms and brochures provided to applicants at the initial briefing.
Families are required to give proper 30 day written notice of their intent to
terminate the lease. In accordance with HUD regulations, no notice requirement
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may exceed 60 days. During the initial term, families may not end the lease unless
they and the owner mutually agree to end the lease. If the family moves from the
unit before the initial term of the lease ends without the owner’s and the
Evansville Housing Authority’s approval, it will be considered a serious lease
violation and subject the family to termination from the program.
The family is required to give the Evansville Housing Authority a written notice
to terminate the lease at the same time as it gives the notice to the landlord. A
family’s failure to provide a copy of the lease termination notice to the Evansville
Housing Authority will be considered a violation of Family Obligations and may
cause the family to be terminated from the program.
A family who gives notice to terminate the lease must mail the notice by certified
mail or have the landlord or his agent sign a statement stating the date and time
received. The family will be required to provide the certified mail receipt and a
copy of the lease termination notice to the Evansville Housing Authority, or a
copy of the lease termination notice and the signed statement stating the date and
time the notice was received. If the landlord or his/her agent does not accept the
certified mail receipt, the family will be required to provide the receipt and
envelope showing that the attempt was made.
Failure to follow the above procedures may subject the family to termination from
the program.
ABSENCE FROM THE ASSISTED UNIT
Absence means that no member of the family is residing in the unit. Families
participating in the program may be absent for a period of 14 calendar days without
notifying the HA. If the family anticipates being absent for more than 14 consecutive
calendars days, the Head of Household must request written permission from the HA
prior to leaving the assisted unit. The written request must be submitted 30 calendar days
in advance of the anticipated absence. The HA my approve absences in excess of 14
consecutive calendar days for vacation, hospitalization or other good cause as presented
to the HA by head of household. The HA will respond in writing within 10 calendar days
of the receipt of the request for approved absence. The HA will not approve any request
for absence for a period of more than 180 consecutive calendar days in any circumstance,
or for any reason.
Note:
If an emergency situations exist, such as hospitalization, the head of household must
notify the HA by telephone as soon as possible and request a determination via the
telephone. Verbal request for determination may only be made in emergency situations.
The HA will respond verbally and follow-up its verbal determination in writing within
ten calendar days of the verbal request.
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Absence of Any Member
Any member of the household will be considered permanently absent if s/he is away from
the unit for six (6) consecutive months except as otherwise provided in this
Administrative Plan.
Absence due to Medical Reasons
If any family member leaves the household to enter a facility such as hospital, nursing
home, or rehabilitation center, the HA will seek advice from a reliable qualified source as
to the likelihood and timing of their return. If the verification indicates that the family
member will be permanently confined to a nursing home, the family member will be
considered permanently absent. If the verification indicates that the family member will
return in less than 180 consecutive days, the family member will not be considered
permanently absent.
If the person who is determined to be permanently absent is the sole member of the
household, assistance will be terminated in accordance with the HA's "Absence of Entire
Family" policy.
Absence due to Incarceration
If the sole member is incarcerated for more than 180 consecutive days, s/he will be
considered permanently absent. Any member of the household, other than the sole
member, will be considered permanently absent if s/he is incarcerated for 6 consecutive
months.
The HA will determine if the reason for any family member’s incarceration is for drugrelated or violent criminal activity and will pursue termination of assistance for the
family if deemed appropriate.
Foster Care and Absences of Children
If the family includes a child or children temporarily absent from the home due to
placement in foster care, the HA will determine from the appropriate agency when the
child/children will be returned to the home.
If the time period is to be greater than 6 months from the date of removal of the
child(ren), the Certificate/Voucher size will be reduced. If children are removed from the
home permanently, the certificate or voucher size will be reduced in accordance with the
HA's subsidy standards.
Absence of Adult
If neither parent remains in the household nor the appropriate agency has determined that
another adult is to be brought into the assisted unit to care for the children for an
indefinite period, the HA will treat that adult as a visitor for up to the first 120 days.
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If during or by the end of that period, court-awarded custody or legal guardianship has
been awarded to the caretaker, the Certificate or Voucher will then be transferred to the
caretaker.
If custody or legal guardianship has not been awarded by the court, but the action is in
process, the HA will secure verification from social services staff or the attorney as to the
status.
If the appropriate agency cannot confirm the guardianship status of the caretaker, the HA
will review the status at 90 day intervals.
The caretaker will be allowed to remain in the unit, as a visitor, until a determination of
custody is made or up to 9 months total.
The HA will transfer the voucher to the caretaker, in the absence of a court order, if the
caretaker has been in the unit for more than 9 months and it is reasonable to expect that
custody will be granted.
When the HA approves a person to reside in the unit as caretaker for the child(ren), any
income of this person will be counted pending a final disposition. The HA will work with
the appropriate service agencies and the landlord to provide a smooth transition in these
cases.
If a member of the household is subject to a court order that restricts him/her from the
home for more than 6 months, the person will be considered permanently absent.
If an adult family member leaves the household for any reason, the family must report the
change in family composition to the HA within ten (10) business days.
The family will be required to notify the HA in writing within ten (10) business days
when family member leaves the household for any reason or moves out. The notice must
contain a certification by the family as to whether the member is temporarily or
permanently absent. The family member will be determined permanently absent if
verification is provided.
Time extension may be granted as an accommodation upon request by a person with a
disability.
If the sole household member or an adult household member is permanently absent due
to military duty, he/she will be withdrawn from the HCVP but may be eligible for special
readmission when discharged or on military leave from military duty.
If readmission is desired, the HOH must make a written request to the Director of Leased
Housing within 10 business days of being discharged or returning from active duty. The
Director shall ask for a proof of all supporting documentation regarding the Military
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Discharge and any other information that may be needed to determine eligibility. Upon
review, a decision will be made to either readmit or deny the request.
Students
Full time students who attend school away from the home and live with the family during
school recess will be considered temporarily absent from the household.
Visitors
Any person not included on the HUD 50058 who has been in the unit more than 14
consecutive days, or a total of 30 days in a 12-month period, will be considered to be
living in the unit as an unauthorized household member.
Absence of evidence of any other address will be considered verification that the visitor
is a family member.
Statements from neighbors and/or the landlord will be considered in making the
determination.
Use of the unit address as the visitor's current residence for any purpose that is not
explicitly temporary shall be construed as permanent residence.
The burden of proof that the individual is a visitor rests on the family. In the absence of
such proof, the individual will be considered an unauthorized member of the family and
the HA will terminate assistance since prior approval was not requested for the addition.
In a joint custody arrangement, if the minor is in the household less than 183 calendar
days per year, the minor will be considered to be an eligible visitor and not a family
member.
Reporting Additions to Owner and HA
Reporting changes in household composition to the HA is both a HUD and an HA
requirement.
The family obligations require the family to receive advance HA approval to add any
other family member as an occupant of the unit. The HA will conduct an application
appointment which the head of household and any adult family members who are seeking
to be added must attend. The HA shall notify the family of its determination in writing.
No persons should move in until approval from the HA has been received. If the family
does not obtain prior written approval from the HA, any person the family has permitted
to move in will be considered an unauthorized household member. Families are required
to report any additions to the household resulting from the birth, adoption or courtawarded custody of a child in writing to the HA within ten (10) days of the move-in date.
An interim reexamination will be conducted for any additions to the household.
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In addition, the lease may require the family to obtain prior written approval from the
owner when there are changes in family composition.
Reporting Absences to the HA
Reporting changes in household composition is both a HUD and an HA requirement.
If a family member leaves the household, the family must report this change to the HA, in
writing, within ten (10) days of the change and certify as to whether the member is
temporarily absent or permanently absent. When available to do so, an adult family
member who is leaving the household should remove him/herself in writing from the
lease and Section 8 participating family.
The HA will conduct an interim evaluation for changes which affect the TTP in
accordance with the interim policy.
CONTINUED ASSISTANCE AFTER FAMILY BREAK-UP
The HA shall determine which family members will continue to receive assistance after a
family break-up. The head of household, spouse or any adult member of the household
must notify the HA that there has been a family break-up and continued assistance is
being requested. The assisted family member making the request must submit the request
in writing to the HA and request a determination. The request must be made within 10
calendar days of the break-up. The HA will consider the following factors in making this
determination:
1.
2.
3.
Assisted Unit: Whether the assistance should remain with family members
remaining in the original assisted unit.
Interest of Family Members: The interest of minor children or of ill, elderly or
disabled family members.
Physical Violence: Whether family members are forced to leave the unit as a result
or actual or threatened physical violence against family members by a spouse or
other member of the household.
The HA will issue a determination within 10 calendar days of receipt of the request
for a determination. The person requesting the determination may request an
Informal Hearing in accordance with the HA established procedures if they disagree
with the determination of the HA.
Note:
If a court determines the disposition of property between members of the assisted family
in a divorce or separation under a settlement or judicial decree, the HA is bound by the
court’s determination of which family members continue to receive assistance in the
program.
Issuance of Voucher
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EHA will recertify the income of families before it issues a voucher to move, unless the
family’s income verification on file is dated 60 days from the date of issuance.
The annual recertification date will be changed to coincide with the new lease-up date.
If the family does not locate a new unit, by the contract end date, they may remain in the
current unit for as long as the owner permits. This permission to continue to live in the
unit must be given in writing to both the EHA and tenant. If the family does not move
within 60 days of the date of issuance, the family must restart the issuance process from
the beginning.
Notice Requirements
The family must give the owner the number of days of written notice of intent to vacate
required by the lease, and must simultaneously give a copy of the written notice to EHA.
The regular Housing Choice Voucher briefing session emphasizes the family’s
responsibility to give the owner and EHA proper written notice of any intent to move.
Timing of Payments
Assistance stops at the previous unit at the end of the month in which the tenant moves
from the unit, unless the lease is lawfully terminated mid-month and proper notice was
given to do so. Assistance will start on the new unit on the effective date of the lease and
contract for the new unit. Assistance payments may overlap for the month in which the
family moves.
Moves to Other Units Owned by Landlord
A move within the same building or project, or between buildings owned by the same
owner, will be processed like any other move.
D. Portability [24 CFR 982.353]
Portability applies to families moving out of or into EHA’s jurisdiction from anywhere
within the United States and its territories.
E. Restrictions on Portability
Applicants from Outside the Jurisdiction
A family will be permitted to move out of EHA’s jurisdiction upon the initial issuance of
their voucher if either the head of household or the spouse had a legal residence in
Vanderburgh County (EHA’s jurisdiction) on the date of their initial application for
assistance. If neither the head of household nor the spouse had a legal residence in EHA’s
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215
jurisdiction at the time of their initial application for assistance, the family must lease a
unit in EHA’s jurisdiction for at least one year prior to exercising portability. The Leased
Housing Director may grant exceptions as a reasonable accommodation to a family with
a member who has a disability.
EHA shall determine whether a family seeking to port-out to another jurisdiction is
eligible for admission under the receiving housing authority’s program.
Participants in the First Year of Occupancy
A participant that has leased up in the jurisdiction of another housing agency cannot portin to EHA’s program in the first year of assisted occupancy, except in the following
circumstances:
1. The initial lease term is for less than 12 months, and the family gives proper
notice to the owner of its intent to vacate;
2. EHA and initial PHA agree to the move;
3. The family’s move is necessitated by an opportunity for education, job training or
employment (based on documentation acceptable to EHA);
4. Relocation is needed to provide a reasonable accommodation pursuant to
applicable fair housing laws; or
5. There are emergency or other circumstances that necessitate the move (based
on documentation acceptable to EHA).
Other Denials of Incoming Portability
EHA will deny incoming portability if:
1. The family has any obligation to EHA or any other housing authority to pay money,
and the family has failed to pay the debt off in full;
2. The family moved out of its assisted unit in violation of the lease; or
3. Denial of Portable Voucher for Moves in Violation of the Lease
In accordance with HUD regulations, the EHA shall not issue a voucher for portability if
the family has moved out of its assisted unit in violation of the lease. If a voucher has
been issued prior to the family moving, the voucher is cancelled and the participant
family and the receiving PHA are notified in writing of the family’s termination from the
program and of the family’s opportunity to obtain an informal hearing.
Notwithstanding the above, a family may receive a voucher from a public housing
agency, including the EHA, and move to another jurisdiction under the tenant-based
assistance program if the family has complied with all other obligations of the Section 8
program and has moved out of the unit in order to protect the health or safety of an
individual who is or has been the victim of domestic violence, dating violence, or stalking
and who reasonably believed he or she was imminently threatened by harm from further
violence if he or she remained in the assisted dwelling unit.
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216
The EHA shall require the family to provide a certification of domestic violence in
accordance with Title VI, Violence against Women and Department of Justice
Reauthorization Act 2005 this Administrative Plan.
4. The family’s criminal background check fails to meet EHA’s standards described in
Chapter 2 Section F. of this Plan.
F. Outgoing Portability [24 CFR 982.353, 982.355]
Within the limitations of the regulations and this policy, a participant family has the right
to receive tenant-based voucher assistance to lease a unit outside EHA’s jurisdiction,
anywhere in the United States that is in the jurisdiction of a PHA with a tenant-based
program. However, portability will be denied to families who seek to move to a
jurisdiction with voucher payment standards in excess of 110% of EHA’s voucher
payment standard.* A family must specify the area to which the family wants to move.
Medical Documentation Not Shared Except With Family
In order to comply with the federal privacy act rules regarding health-related information
(HIPAA), EHA shall not send a portable family’s medical documentation to a receiving
PHA. EHA may indicate to the receiving PHA that EHA has approved an
accommodation for the family, without providing any of the details of the basis for the
approval. EHA shall give a copy of the medical documentation it has on file directly to
the family, on request, for them to provide to the receiving PHA to document medical or
disability-related accommodations, deductions, or allowances.
Extensions and Suspensions (Tolling) of a Portable Voucher
The EHA will provide a 60-day extension of the voucher to a family who requests to port
out during the initial term of the voucher.
For port-outs requested after the initial term of the voucher, the EHA will provide an
extension through the end of the 120-day maximum term of the voucher.
For incoming families, the EHA does not normally toll or suspend the term of the
voucher it issues as the receiving PHA if the family returns a Request for Tenancy
Approval. Unless the EHA has determined it will absorb the family, the EHA may toll or
suspend the term of the voucher only with the prior written approval of the initial PHA
and upon receipt of a revised HUD 52665 that extends the term of the voucher and
extends the 60 day deadline for returning a billing (Part II of the HUD 52665) to the
initial PHA.
For families porting out, the receiving PHA is responsible for any tolling. The PHA will
not absolve the receiving PHA of its requirements to meet the deadlines imposed by Part
I of the HUD 52665 as completed by the PHA unless the PHA obtains the PHA’s prior
written approval and modification of the original HUD 52665.
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217
G. Incoming Portability [24 CFR 982.355]
Criminal Background Check
EHA will conduct a criminal background history check and will apply the same
admissions criteria as identified in Chapter 2 Section F
Absorption or Administration
EHA will accept a family with a valid voucher from another jurisdiction and either
administer or absorb the voucher, at its option.
If EHA administers the voucher, the family will be issued a “portable” voucher by EHA.
The term of the portable voucher will not expire before the expiration date of the voucher
issued by the initial PHA. The family must submit to EHA a Request for Tenancy
Approval for an eligible unit during the term of the voucher. EHA may approve
extensions requested by the initial PHA if such extensions are consistent with this
Administrative Plan. However, if the family decides not to lease-up in EHA’s
jurisdiction, they must contact the initial PHA to request an extension. EHA and another
PHA may mutually agree to cross-absorb portable vouchers for each other’s PHA.
Income Eligibility
A family that ports-in to EHA’s program and leases a unit for the first time under the
Housing Choice Voucher Program must be income eligible under EHA’s program.
If a family was already receiving assistance in the initial PHA tenant-based Housing
Choice Voucher Program, EHA will not re-determine income eligibility.
Subsidy Standards
EHA will issue a “portability voucher” based on the information sent from the original
housing authority. If the family has a change in family composition which would change
the voucher size, EHA will change to the proper size based on criteria set in Chapter 7,
Additions to the Household.
Income and Total Tenant Payment of Incoming Portables [982.353(d)]
EHA will conduct a recertification interview to verify the information provided, when
documents are missing or are more than 60 days old, or when there has been a change in
the family's circumstances. Otherwise, EHA will not re-verify the income information
provided.
If EHA conducts a family recertification, EHA will seek to avoid causing a delay in the
issuance of a voucher.
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218
EHA will refuse to enter into a contract on behalf of an incoming portable family if the
families’ income is so high that the family will not qualify for assistance ($0 subsidy
amount).
Requests for Approval of Tenancy
A briefing from EHA staff is mandatory for all incoming portability families.
When the family submits a Request for Tenancy Approval, it will be processed using
EHA’s policies. If the family does not submit a Request for Tenancy Approval or does
not execute a lease, EHA will notify the initial PHA within 180 days from the date of
voucher issuance by the initial PHA that no Request for Tenancy Approval has been
submitted by the family.
EHA will notify the family of its responsibility to contact the initial PHA if the family
wishes to move outside EHA’s jurisdiction under continued portability.
Regular Program Functions
EHA will perform all program functions applicable to the tenant-based assistance
program, including:
1. Annual re-examinations and recertifications of family income and composition;
2. Annual inspection of the unit;
3. Interim examinations when requested by the tenant or as deemed necessary by EHA;
4. Other regular program functions.
EHA’s policies and procedures related to annual and ongoing functions will govern the
administration of vouchers for families who have leased units under portability
procedures.
Terminations
EHA will notify the initial PHA in writing of any termination of assistance within ten
(10) business days of the termination. If the family requests an informal hearing, the
hearing shall be conducted by EHA, using the hearing procedures included in this Plan.
EHA will not notify the initial housing authority of the termination until the informal
hearing process is complete. A copy of the hearing decision shall be furnished to the
initial PHA.
The initial PHA is responsible for collecting any amounts owed by the family to the
initial PHA, and for monitoring repayment. If the initial PHA notifies EHA that the
family is in arrears or the family has refused, without good cause, to sign a payment
agreement, EHA shall terminate assistance to the family.
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219
Required Documents
As receiving PHA, EHA will require the documents listed on the HUD Portability Billing
form from the initial PHA.
Billing Procedures
If the family leases up successfully, EHA will notify the initial PHA within 180 days
from the date of voucher issuance, and the billing process will commence.
As receiving PHA, EHA shall bill the initial PHA monthly for Housing Assistance
Payments. The billing cycle for other amounts will also be monthly, including
administrative fees and special claims, unless requested otherwise by the initial PHA.
EHA will bill 100 percent of the Housing Assistance Payment, 100 percent of special
claims and 80 percent of the administrative fee (at the initial PHA's rate) for each
“portability” voucher leased as of the first day of the month.
EHA will notify the initial PHA of changes in subsidy amounts and will rely upon the
initial PHA to notify EHA of changes in the administrative fee amount to be billed.
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220
Chapter 15
CONTRACT TERMINATIONS
[24 CFR 982.311, 982.314]
The Housing Assistance Payments (HAP) contract is the contract between the owner and
EHA which defines the responsibilities of both parties. This chapter describes the
circumstances under which the contract can be terminated by EHA and the owner, and
the policies and procedures for such terminations.
A. Contract Termination [24 CFR 982.311]
The term of the HAP Contract is the same as the term of the lease. The contract between
the owner and EHA may be terminated by EHA, or by the owner or tenant terminating
the lease. No subsidy payments on behalf of the family will be made by EHA to the
owner for any period of time after the month in which the contract is terminated. The
owner must reimburse EHA for any subsidies paid by EHA for any period after the
contract termination date.
If the family continues to occupy the unit after the contract is terminated, the family is
responsible for the total amount of rent due to the owner. The owner will have no right to
claim compensation from EHA for vacancy loss under the provisions of certificate HAP
Contracts effective before October 2, 1995.
After a contract termination, if the family meets the criteria for a move with continued
assistance, the family may lease-up in another unit. The contract for the new unit may
begin during the month in which the family moved from the old unit.
B. Termination by the Family: Moves [24 CFR 982.314(c) (2)]
Family termination of the lease must be in accordance with the terms of the lease.
C. Termination of Tenancy by the Owner: Evictions [24 CFR 982.310]
Notice
If the owner wishes to terminate the lease, the owner must provide EHA and the tenant
with proper written notice as stated in the lease, at or before the commencement of the
eviction action, specifying the grounds for termination of tenancy. The owner eviction
notice includes any notice to vacate, or a complaint, or other initial pleading used under
state or local law to commence an eviction action.
EHA requires that the owner specify the section of the lease that has been violated and
cite some or all of the ways in which the tenant has violated that section, as
documentation for EHA’s decision regarding termination of assistance.
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221
Reasons for Eviction
During the term of the lease, the owner may not terminate the tenancy except for the
grounds stated in the HUD regulations, as follows:
1. Serious or repeated violations of the lease, including but not limited to failure to
pay rent or other amounts due under the lease, or repeated violation of the terms
and conditions of the lease;
2. Violations of federal, state or local law that impose obligations on the tenant in
connection with the occupancy or use of the premises; or criminal activity by the
tenant, any member of the household, a guest or another person under the tenant’s
control that threatens the health, safety or right to peaceful enjoyment of the
premises by the other residents, or persons residing in the immediate vicinity of
the premises or any drug-related criminal activity on or near the premises; or
3. Other good cause.
During the initial term of the lease, the owner may not terminate the tenancy for “other
good cause” unless the owner is terminating the tenancy because of something the family
did or failed to do [24 CRF 982.310].
Evidence of Criminal Activity
The owner may terminate tenancy and evict a family by judicial action for criminal
activity by a “covered person” (i.e., the tenant, any member of the household, a guest or
another person under the tenant’s control) if the owner determines they have engaged in
the criminal activity, regardless of arrest or conviction, and without satisfying the
standard of proof used for a criminal conviction.
Exclusion of Culpable Household Member
The owner may require a tenant to exclude a household member in order to continue to
reside in the assisted unit.
Consideration of Rehabilitation
When determining whether to terminate the tenancy for illegal drug use or alcohol abuse
by a family member, the owner may consider whether the member:
1. Is no longer participating in the household;
2. Has successfully completed a supervised drug or alcohol rehabilitation program; or
3. Has otherwise been successfully rehabilitated.
The owner may require the tenant to submit evidence of any of the above.
Actions of termination by the owner must be consistent with Fair Housing rules as stated
in 24 CFR 5.105.
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Housing Assistance Payments
Housing Assistance Payments are paid to the owner under the terms of the HAP Contract.
If the owner has begun eviction and the family continues to reside in the unit, EHA shall
continue to make Housing Assistance Payments to the owner until the owner has
obtained a court judgment. If the action is finalized in court, the owner must provide
EHA with the documentation, including notice of the lockout date.
Issuing a Voucher to a Family under Eviction
If an eviction is not due to a serious or repeated violation of the lease, and if EHA has no
other grounds for termination of assistance, EHA may issue a new voucher so that the
family can move with continued assistance provided that all rent arrearage, if any, have
been paid to the landlord in full.
D. Termination of the Contract by EHA [24 CFR 982.403, 982.404(a), 982.453, 982.454,
982.455, 982.552(a) (3)]
EHA shall terminate the HAP contract with the owner:
1. When the lease terminates;
2. When EHA terminates program assistance for the family;
3. If the owner breaches the HAP Contract (see Chapter 17, Owner Disapproval and
Restriction);
4. If the family is required to move from a unit when the subsidy is too big for the
family size (certificate program), or the unit does not meet the HQS space
standards because of an increase in family size or a change in family composition;
5. If 180 days have passed since the last Housing Assistance Payment to the owner;
or
6. If funding is no longer available under the ACC.
The PHA will determine whether there is sufficient funding to pay for currently assisted
families based on its VMS Reporting, Budget Authority, and Projected HAP
Disbursements from HUD. If the PHA determines there is a shortage of funding, prior to
terminating any HAP contracts, the PHA will determine if any other actions can be taken
to reduce program costs. The PHA shall also verify funding shortages with HUD Short
Fall Prevention Team or similar agency in order to obtain any necessary agency approval.
In the event that the PHA decides to stop issuing vouchers as a result of a funding
shortfall, and the PHA is not assisting the required number of special purpose vouchers
(NED families, HUD-Veterans Affairs Supportive Housing (VASH) families, and family
unification program (FUP) families), when the PHA resumes issuing vouchers, the PHA
will issue vouchers first to the special purpose voucher families on its waiting list until it
has reached the required number of special purpose vouchers, when applicable.
If after implementing all reasonable cost cutting measures there is not enough funding
available to provide continued assistance for all current participants, the PHA will
terminate HAP contracts as a last resort.
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223
Prior to terminating any HAP contracts, the PHA will inform the local HUD field office.
The PHA will terminate the minimum number needed in order to reduce HAP costs to a
level within the PHA’s annual budget authority.
If the PHA must terminate HAP contracts due to insufficient funding, the PHA will do so
in accordance with the following criteria and instructions:
Families comprising the required number of special purpose vouchers, including
nonelderly disabled (NED), HUD-Veteran’s Affairs Supportive Housing (HUDVASH),
and family unification program (FUP) will be the last to be terminated.
The PHA will terminate HAP contracts starting with Category 1 families. The
PHA will only move to the next category when there are no families remaining in
the current category and more HAP contract terminations are necessary.
Category 1: Families who are currently not receiving any HAP assistance, as
determined by the last rent roll processed (this would not include those families
who did not receive HAP assistance because they are searching for a new home).
Category 2: Families who have been issued a voucher but have not yet leased up
will be “frozen” until further funding is available.
Category 3: Families who have committed program fraud or abuse within the
past 6 months.
First, the PHA will terminate families who owe the PHA money but are
not yet under repayment agreement.
Second, the PHA will terminate families who owe the PHA money, are
under repayment agreement, but are not current based on the terms of the agreement.
Category 4: Last in, first out. Families will be terminated based on the date of
admission to the program, starting with those most recently admitted.
Notice of Termination for HQS Space Standard
When EHA terminates the HAP Contract because of a violation of HQS occupancy
standards, EHA will provide the owner and family written notice of termination of the
contract. The HAP contract terminates at the end of the calendar month that follows the
calendar month in which EHA gives such notice to the owner.
Note:
HCVP Administrative Plan
224
For the purposes of this plan, if a member of the current family has committed acts of
fraud or has an arrest record, including a drug related arrest, that reflects that the family
member may be a danger to the health, safety, or welfare of the community, then that
person will not be allowed to be a participant on the program. The HA shall prohibit
assistance to any household that includes an individual who is subject to a lifetime
registration requirement under a state sex offender registration program.
HCVP Administrative Plan
225
Chapter 16
TERMINATION OF ASSISTANCE
[24 CFR 5.902, 5.902, 5.903, 5.905, 982.4, 982.54, 982.552, 982.553, 982.555]
EHA may terminate assistance for a family because of the family's action or failure to act.
EHA will provide families with a written description of the family obligations under the
program, the conditions under which EHA terminates assistance, and EHA's informal
hearing procedures.
A. Grounds for Termination [24 CFR 982.54, 982.552, 982.553]
Form of Denial/Termination
Denial of assistance for an applicant may include any or all of the following:
1.
2.
3.
4.
Denial of admission to Housing Choice Voucher Program;
Withdrawing a voucher after issuance;
Refusing to enter into a HAP Contract or approve a tenancy; and
Refusing to process or provide assistance under portability procedures.
Termination of assistance for a participant may include any or all of the following:
1. Refusing to enter into a HAP Contract or approve a tenancy;
2. Terminating Housing Assistance Payments under an outstanding HAP Contract;
and
3. Refusing to process or provide assistance under portability procedures;
4. Drug Related or Violent Criminal Activity;
5. A Housing Eviction while a participant on the HCVP; and,
6. Unauthorized Occupants residing in Voucher Assisted Household.
Denial of Assistance
EHA policies on denying assistance to households based on criminal history or previous
history with the Section 8 program are outlined in detail in Chapter 2, Section F. of this
Plan. Any reason for denial of assistance may also be grounds for termination of
assistance.
Terminations of Assistance for Current Participants
EHA may terminate assistance to a family for any of the following reasons:
1. Failure to comply with a family obligation, including failure to provide
information requested by EHA;
2. HUD-mandated terminations for:
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a. Criminal history;
b. Failure to provide consent forms; and
c. Ineligible citizenship status.
3. Other violations of federal law or regulation; and
4. No HAP for 180 days.
B. Failure to Comply with Family Obligations
The Housing Authority (HA) may at any time terminate program assistance for a
participant because of any of the actions or inactions by the household.
The HA may terminate assistance if it determines that a family has failed to meet family
obligations outlined on the voucher and described in 24 CFR 982.551, as follows:
1. The family must supply any information that EHA or HUD find necessary in the
administration of the program, including submission of required evidence of
citizenship or eligible immigration status (as provided by 24 CFR part 5).
“Information” includes any requested certification, release or other documentation;
2. The family must supply any information requested by EHA or HUD for use during
admissions, at regularly scheduled re-examination or interim re-examination of
family income and composition in accordance with HUD requirements;
3. The family must disclose and verify Social Security Numbers (as provided by 24 CFR
5.216) and must sign and submit consent forms for obtaining information in
accordance with 24 CFR 5.230;
4. All information supplied by the family must be true and complete;
5. The family is responsible for an HQS breach caused when the family fails to pay for
any utilities which are to be paid by the tenant, or when the family fails to provide and
maintain any appliances which are to be provided by the tenant (for tenant-caused
damages, see Chapter 11, Section K);
6. The family must allow EHA to inspect the unit at reasonable times and after reasonable
notice;
7. The family may not commit serious or repeated violations of the lease;
8. The family must follow proper move procedures. See Chapter 14.
9. The family must promptly give EHA a copy of any owner eviction notice;
10. The family must use the assisted unit for residence by the family. The unit must be
the family's only residence;
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11. The composition of the assisted family residing in the unit must be approved by EHA.
The family must promptly inform EHA of the birth, adoption or court-awarded
custody of a child. The family must request EHA approval to add any other family
member as an occupant of the unit.
12. The family must promptly notify EHA if any family member no longer resides in the
unit;
13. If EHA has given approval, a foster child or a live-in aide may reside in the unit. If
the family does not request approval or if EHA does not approve the request, the
family may not allow a foster child or live-in aide to reside with the assisted family;
14. Members of the household may, with EHA’s prior approval, engage in legal
profit making activities in the unit, but only if such activities are incidental to primary
use of the unit as a residence by members of the family;
15. The family may not sublease or otherwise receive compensation for anyone’s
occupancy of the unit;
16. The family may not assign the lease or otherwise transfer the unit;
17. The family must supply any information or certification requested by EHA to verify
that the family is living in the unit, or relating to family absence from the unit,
including any EHA-requested information or certification on the purposes of family
absences. The family must cooperate with EHA for this purpose. The family must
promptly notify EHA of any absence from the unit for any period in excess of 14
calendar days;
18. The family may not own or have any ownership interest in the unit;
19. The members of the family may not commit fraud, bribery or any other corrupt or
criminal act in connection with any federal housing program;
20. The household members may not engage in drug-related criminal activity or violent
criminal activity or other criminal activity that threatens the health, safety or right to
peaceful enjoyment of other residents and persons residing in the immediate vicinity
of the premises;
21. If a household member’s illegal use (or pattern of illegal use) of a controlled
substance, or whose abuse (or pattern of abuse) of alcohol, is determined by the
Evansville Housing Authority to interfere with the health, safety, or right to peaceful
enjoyment of the premises by other residents.
22. The members of the household must not abuse alcohol in a way that threatens the
health, safety or right to peaceful enjoyment of other residents and persons residing in
the immediate vicinity of the premises; and
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23. An assisted family, or members of the family, may not receive Section 8 tenant-based
assistance while receiving another housing subsidy for the same unit or for a different
unit, under any duplicative federal, state or local housing assistance program.
24. If the family has not reimbursed any HA for amounts paid to an owner under a HAP
contract for rent, damages to the unit (under previous damage claim provisions), or
other amounts owed by the family under lease.
25. If the family has engaged in or threatened abusive or violent behavior toward HA
personnel.
26. If the family currently owes rent or other amounts to the HA or to another HA in
connection with Section 8 or public housing assistance under the 1937 Act.
27. If the family breaches an agreement with the HA to pay amounts owed to a HA, or
amounts paid to an owner by a HA. (The HA, may offer a family the opportunity to
enter an agreement to pay amounts owed to a HA or amounts paid to an owner by a
HA. The HA may prescribe the terms of the agreement.)
28. If the responsibility for payment of utility service(s) falls on the participant, the
utilities must be in the name of the head of household and or spouse only. This
status must be maintained for the duration of occupancy or until a lease change is
effective.
29. If any household member is subject to a lifetime registration requirement under a
State sex offender registration program.
30. If any member of the household fails to report changes in income or family
composition in accordance with this Administrative plan, the following procedures
will be implemented:
A.
Any changes reported or discovered within 90 days of the date of the
change, the family will be required to attend a re-orientation of program
rules and regulations. They will also be required to pay back any money
owed to the Evansville Housing Authority resulting from the overpayment
of assistance due to failure to report properly.
A second violation at any time during the remainder of the family’s
participation in the Section 8 Program may result in a mandatory
termination of assistance.
B.
Any changes reported or discovered after the initial 90 days of the change
may result in a mandatory termination from the Section 8 Program. The
family will also be required to pay back any money owed to the Evansville
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Housing Authority resulting from the overpayment of assistance due to
failure to report properly.
C.
Any changes reported or discovered after the initial 90 days of the change
not resulting in an overpayment will require the family to attend a reorientation of program rules and regulations.
A second violation at any time during the remainder of the family’s
participation in the Section 8 Program may result in a mandatory
termination of assistance.
Definition of “Promptly”
The term “promptly” when used with the family obligations always means within 10
business days.
Lease Violations
The following criteria will be used to decide if a serious or repeated violation of the lease
will result in termination of assistance:
1. If the owner initiates termination of the tenancy, or terminates the tenancy,
through court action for serious or repeated violation of the lease;
2. If the owner notifies the family and EHA of termination of tenancy for serious or
3. repeated lease violations, and the family moves from the unit without notice prior
to the completion of court action;
4. If there are police reports, neighborhood complaints or other third-party
information verifying serious or repeated violations of the lease;
5. If the family moves from the unit without providing notice to EHA and the owner;
or If the family fails to pay rent when due.
Proposed Additions to the Family
EHA will deny a family’s request to add additional family members who are
1. Persons who have been evicted from public housing;
2. Persons who have previously violated a family obligation listed above and in 24
CFR 982.551 of HUD regulations;
3. Persons who have been part of a family whose assistance has been terminated for
cause under the Certificate or Voucher program;
4. Persons who have engaged in drug-related criminal activity or violent criminal
activity;
5. Persons who have committed fraud, bribery or any other corrupt or criminal act in
connection with any federal housing program;
6. Persons who currently owe rent or other amounts to EHA or to another PHA in
connection with Section 8 or public housing assistance under the 1937 Housing
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Act; or
7. Persons who have engaged in or threatened abusive or violent behavior toward
residents, the public or EHA personnel.
(Refer to Chapter 13, Recertification’s, for further information on adding people to a
subsidized family.)
Family Member Moves Out
Families are required to notify EHA if any family member leaves the assisted household.
When the family notifies EHA, they must furnish the following information:
1. The date the family member moved out;
2. Verification of the family member’s new address (e.g., a copy of a new lease or
utility bill), or, if this documentation is not available, a statement from the head of
household as to why it cannot be obtained; and
3. A statement as to whether the family member is temporarily or permanently
absent
Limitation on Profit-Making Activity in Unit
Any business activity that results in the family’s inability to use any of the living areas in
the unit, such as a bedroom utilized for a business which is not available for sleeping, is
prohibited.
Any use of the unit for a business that is not incidental to its use as a dwelling unit is
prohibited.
Any illegal business or business not permitted by zoning is prohibited.
Interest in Unit
The owner may not reside in an assisted unit whether he or she is a member of the
assisted family or not.
Missed Appointments and Deadlines [24 CFR 982.551, 982.552 (c)]
It is a family obligation to supply information, documentation, and certification as needed
for EHA to fulfill its responsibilities. EHA schedules appointments and sets deadlines in
order to obtain the required information. The family obligations also require that the
family allow EHA to inspect the unit, and appointments are made for this purpose.
A participant who fails to keep an appointment, or to supply information required by a
deadline without notifying EHA, may be sent a Notice of Termination of Assistance for
failure to provide required information, or for failure to allow EHA to inspect the unit.
The Notice will include information about requesting a hearing.
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Requirement to Provide Information and Keep Appointments
The family will be given information about the requirement to keep appointments and the
number of times appointments will be rescheduled, as specified in this Plan.
Appointments will be scheduled and time requirements (deadlines) will be imposed for
the following events and circumstances:
1.
2.
3.
4.
5.
6.
7.
Deadline for scheduling eligibility interview;
Appearance at eligibility interview for admissions;
Completion of verification procedures;
Attendance at voucher issuance and briefings;
Attendance at Housing Quality Standards (HQS) inspections;
Completion of recertification’s; and
Requests for appeals.
Generally, acceptable reasons for missing appointments or failing to provide information
by deadlines are:
1. Medical emergency;
2. Family emergency; or
3. Other good cause, as determined by EHA.
Procedure When Appointments are Missed or Information Not Provide
For most purposes in this Plan, the family will be given two opportunities before being
issued a notice of termination or denial for breach of a family obligation.
The notice may be rescinded if the family offers to cure and the family does not have a
history of non-compliance.
C. Terminations of Assistance for Criminal History [24 CRF 982.553(a)]
EHA shall terminate assistance for participants with the following history:
1. Eviction in last 3 years from federally assisted housing for illegal drug activity:
EHA shall terminate assistance for participants who have been evicted from
public or other federally assisted housing due to drug-related activity within the
last three years. [24 982.553(a)]
a. Definition of drug-related criminal activity: Drug-related criminal activity
means the illegal manufacture, sale, distribution, or use of a drug, or the
possession of a drug with intent to manufacture, sell, distribute or use the
drug.
b. Evidence of rehabilitation or permanent absence of criminal from
household: EHA may, however, admit the household if it determines that:
i.
The evicted household member who engaged in drug-related
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criminal activity has successfully completed a supervised drug
rehabilitation program approved by EHA; or
ii.
The circumstances leading to the eviction no longer exist (for
example, the criminal household member has died or is
imprisoned).
a) Evidence of rehabilitation: EHA’s standards for evidence of
rehabilitation under this section may take into consideration
documented evidence of rehabilitation for drug-related offenses if
the applicant can provide all of the following:
i.
Evidence of completion of a recognized drug treatment
program;
ii.
Commitment of appropriate services by a recognized service
provider; and
iii.
No re-offense in the two-year period preceding the issuance
interview.
2. Current use/activity of illegal drugs: EHA shall terminate assistance to households
if it determines that a household member is currently engaged in illegal drug use.
3. Methamphetamine production in federally assisted housing: EHA shall terminate
assistance to a household if any household member has been convicted of the
manufacture or production of methamphetamine on the premises of federally
assisted housing.
4. Sex-offenders: EHA shall terminate assistance to a household if any household
member is subject to a lifetime registration requirement under a State sex offender
registration program.
5. Pattern of abuse of alcohol: EHA shall terminate assistance to a household if it
has cause to believe that a household member’s abuse or pattern of abuse of
alcohol may threaten the health, safety or right to peaceful enjoyment of the
premises by other residents.
6. Other criminal activity which may threaten the health safety, or right to peaceful
enjoyment of the premises by other residents or persons residing in the immediate
vicinity; or safety of the owner, property management staff, or person that is
performing a contract administration function or responsibility on behalf of EHA
(including an employee, contractor, subcontractor or agent of EHA).
Definitions
“Covered person,” for purposes of 24 CFR 982 and this chapter, means a tenant, any
member of the tenant’s household, a guest or another person under the tenant’s control.
“Drug” means a controlled substance as defined in section 102 of the Controlled
Substances Act (21 U.S.C. 802).
“Drug-related criminal activity” means the illegal manufacture, sale, distribution, or use
of a drug, or the possession of a drug with intent to manufacture, sell, distribute or use the
drug.
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“Guest,” for purposes of this chapter and 24 CFR 5, subpart A and 24 CFR 982, means a
person temporarily staying in the unit with the consent of a tenant or other member of the
household who has express or implied authority to so consent on behalf of the tenant. The
requirements of 24 CFR 982 applies to a guest as so defined.
“Household,” for the purposes of 24 CFR 982 and this chapter, means the family and
PHA approved live-in aide.
“Other person under the tenant’s control,” for the purposes of the definition of “covered
person” and for 24 CFR 5 and 982 and for this chapter, means that the person, although
not staying as a guest (as defined in this chapter) in the unit, is, or was at the time of the
activity in question, on the premises because of an invitation from the tenant or other
member of the household who has express or implied authority to so consent on behalf of
the tenant. Absent evidence to the contrary, a person temporarily and infrequently on the
premises solely for lawful commercial purposes is not under the tenant’s control.
“Violent criminal activity” means any criminal activity that has as one of its elements the
use, attempted use, or threatened use of physical force substantial enough to cause, or be
reasonably likely to cause, serious bodily injury or property damage.
Criminal/Credit Checks
EHA may at any time obtain a criminal history and/or credit check for any member of a
participant household for the purpose of determining whether a family meets EHA’s
standards for continued participation in the program outlined in this chapter.
Standards for Violations
EHA will consider the use of a controlled substance or alcohol to be a pattern if there is
more than one incident in a three-month period.
Engaged in or engaging in “violent criminal activity” means any act by an applicant, a
participant, a household member, a guest, or other covered person, in the preceding five
years, which involved criminal activity that has as one of its elements the use, attempted
use, or threatened use of physical force substantial enough to cause, or be reasonably
likely to cause, serious bodily injury or property damage, regardless of whether the
activity results in the arrest or conviction of the applicant, participant, or household
member.
The existence of the above-referenced behavior by any household member, guest or
covered person, may be grounds for denial or termination of assistance, regardless of the
participant’s knowledge of the behavior.
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In evaluating evidence of past and current behavior, EHA will give fair consideration to
the seriousness of the activity with respect to how it would affect other residents, and/or
the likelihood of favorable conduct in the future which could be supported by evidence of
rehabilitation.
Standards for Terminating Assistance for Illegal Use or Possession for Personal Use of
Illegal Drugs
Assistance to a family may be terminated if any member of the family uses or possesses
illegal drugs, provided that the use or possession occurred no more than one year prior to
the date that the family is notified that assistance will be terminated.
Assistance may not be terminated if the family member can demonstrate that he or she:
1. Has an addiction to a controlled substance, has a record of such an impairment, or
2. Is regarded as having such an impairment; and
3. Is recovering, or has recovered, from such an addiction, and does not currently
use or possess controlled substances.
A family member who has engaged in the illegal use of drugs may be required to submit
evidence of participation in, or successful completion of, a treatment program as a
condition to being allowed to reside in the unit.
D. Termination for Failure to Submit Consent Forms
EHA shall terminate the assistance for a family if any member of the family fails to sign
and submit consent forms for obtaining information required by EHA, including HUD
Form 9886. This denial is required pursuant to 24 CFR 982.552(b).
E. Termination for Non-Eligible Immigration Status [24 CFR 5.514, 5.516, 5.518]
EHA must terminate assistance when required to do so under the regulations establishing
citizenship or eligible immigration status.
Applicant and participant families, in which all members are neither U.S. citizens nor
eligible immigrants, are not eligible for assistance. The assistance of any such participant
families shall be terminated. EHA shall, on request, provide such applicants or families a
hearing.
Assistance may not be terminated while verification of the participant family's eligible
immigration status is pending.
False or Incomplete Information
EHA will verify eligible status, then continue, deny, terminate, or prorate assistance as
appropriate.
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EHA will deny or terminate assistance based upon the submission of false information or
upon misrepresentation.
Procedure for Denial or Termination
If the family (or any member) claimed eligible immigrant status and the INS primary and
secondary verifications failed to document the status, the family may make an appeal to
the INS and request a hearing with EHA either after the INS appeal or in lieu of the INS
appeal.
After EHA has made a determination of ineligibility, the family will be notified of the
determination and the reasons and informed of the option for prorated assistance (if
applicable).
F. Zero ($0) Assistance Tenancies: No HAP for 180 days
EHA is required to terminate assistance for participants, if the family is living in a unit
under contract and 180 days (or 12 months, depending on the HAP Contract used) have
elapsed since EHA’s last Housing Assistance Payment was made. (See Chapter 15,
Contract Terminations.)
For HAP Contracts executed on or after October 2, 1995 [24 CFR 982.455]: The family
may remain in the unit at $0 assistance for up to 180 days after the last HAP. If the family
is still in the unit after 180 days, the assistance will be terminated. If, within the 180-day
period, an owner’s rent increase or a decrease in the family’s Total Tenant Payment
causes the family to be eligible for a Housing Assistance Payment, EHA will resume
assistance payments for the family.
In order for a family to move to another unit during the 180 days, the rent for the new
unit will have to be high enough to necessitate a Housing Assistance Payment. No HAP
Contract will be executed if the rent does not necessitate a HAP. (i.e. If a New Lease
Agreement has been signed and EHA’s HAP amounts to $O for the desired unit, Client
will be withdrawn from the Housing Choice Voucher Program.
G. Procedures for Termination of Assistance [24 CFR, 982.555]
Housing Authority Discretion [24 CFR 982.552(c) (2)]
In deciding whether to deny or terminate assistance because of action or failure to act by
a member of the family, EHA has discretion to consider all of the circumstances in each
case, including the seriousness of the case. EHA will use its discretion in reviewing the
extent of participation or culpability of individual family members and the length of time
since the violation occurred. EHA may also review the family’s more recent history and
record of compliance and the effects that denial or termination of assistance may have on
other family members who were not involved in the action or failure to act.
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EHA may impose, as a condition of continued assistance for other family members, a
requirement that family members who participated in, or were culpable for the action or
failure to act, will not reside in the unit. EHA may permit the other members of a family
to continue in the program.
Notice
In any case where EHA decides to terminate assistance to the family, EHA must give the
family written notice which states:
1. The reason(s) for the proposed termination;
2. The effective date of the proposed termination;
3. The family’s right, if they disagree, to request a hearing to be held before assistance
is terminated; and
4. The date by which a request for a hearing must be received by EHA.
EHA will simultaneously provide written notice of the contract termination to the owner
so that it will coincide with the termination of assistance. The notice to the owner will not
include any details regarding the reason for termination of assistance.
Required Evidence
If the family requests a hearing, EHA shall be required to establish, by a preponderance
of the evidence, that a termination for criminal activity is justified. EHA may terminate
assistance whether the household member has been arrested or convicted for such activity
or not.
“Preponderance of evidence” is defined as evidence which is of greater weight or more
convincing than the evidence which is offered in opposition to it; that is, evidence which
as a whole shows that the fact sought to be proved is more probable than not. The intent
is not to prove criminal liability, but to establish that the act(s) occurred. Preponderance
of evidence may not be determined by the number of witnesses, but by the greater weight
of all evidence.
“Credible evidence” may be obtained from police and/or court records. Testimony from
neighbors, when combined with other factual evidence can be considered credible
evidence.
Other credible evidence includes documentation of drug raids or arrest warrants.
Confidentiality of Criminal Records
If EHA proposes to terminate assistance for criminal activity as shown by a criminal
record, EHA will, upon request, provide an opportunity for the subject to review a copy
of the public record background check. EHA will not provide a copy of the criminal
record to the Subject or HOH disputing the background check.
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As a condition of EHA’s agreement with the Evansville Police Department, EHA may
not make or furnish copies of confidential police reports. EHA may show the participant
EHA’s copy of the police report. Parties to the police report may obtain their own copies
of the police report at their own expense at the local police department.
EHA will maintain the confidentiality of any criminal record received and take
reasonable precautions to ensure that such records are not misused or improperly
disseminated. Such records shall be destroyed when the purpose for which they were
requested has been accomplished.
All criminal reports, while needed, will be housed in a locked file with access limited to
individuals responsible for screening and determining eligibility for initial and continued
assistance and to upper level management.
Misuse of the above information by any employee will be grounds for termination of
employment.
Behavior Resulting From a Disability
If termination is based upon behavior resulting from a disability and EHA receives a
request for a reasonable accommodation, EHA will delay a decision on the denial or
termination pending a decision on the request for reasonable accommodation.
H. Option Not To Terminate for Misrepresentation [24 CFR 982.551, 982.552(c)]
If the family has misrepresented any facts that caused EHA to overpay assistance, EHA
may terminate assistance or offer to continue assistance provided that the family executes
a repayment agreement and makes payments in accordance with the agreement and/or
reimburses EHA in full.
I. Misrepresentation in Collusion with Owner [24 CFR 982.551, 982.552 (c)]
If the family intentionally, willingly, and knowingly commits fraud or is involved in any
other illegal scheme with the owner, EHA will deny or terminate assistance.
In making this determination, EHA will carefully consider the possibility of overt or
implied intimidation of the family by the owner and the family's understanding of the
events.
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Chapter 17
DISAPPROVAL OF OWNERS, LIMITATIONS ON PARTICIPATION AND
CHANGES IN OWNERSHIP
[24 CFR 982.54, 982.306, 982.453]
The policies in this Chapter describe the criteria for disapproving an owner’s
participation in the Program.
A. Disapproval of Owner [24 CFR 982.306, 982.54(d) (8)]
An owner will not be approved if EHA is informed by HUD that:
1. The owner has been disbarred or suspended, or is subject to a limited denial of
participation under 24 CFR 24;
2. The federal government has instituted an administrative or judicial action against
the owner for violation of the Fair Housing Act or other federal equal opportunity
requirements, and such action is pending; or
3. A court or administrative agency has determined that the owner has violated the
Fair Housing Act or other federal equal opportunity requirements.
An owner may be disapproved for any of the following reasons:
1. The owner has violated obligations under a Housing Assistance Payment Contract
under Section 8 of the 1937 Act (42 U.S.C. 1437f), a lease with a tenant assisted
by the program, or the HUD Tenancy Addendum;
2. The owner has committed fraud, bribery or any other corrupt or criminal act in
connection with any federal housing program;
3. The owner has engaged in drug-related criminal activity or any violent criminal
activity;
4. The owner has a history or practice of non-compliance with Housing Quality
Standards for units leased under any federal housing program;
5. The owner has a history or practice of renting units that fail to meet state or local
housing codes;
6. The owner has a history or practice of failing to terminate tenancy of tenants of
units assisted under Section 8 or any other federally assisted housing program for
activity by the tenant, any member of the household, a guest or another person
under the control of any member of the household that:
a) Threatens the right to peaceful enjoyment of the premises by other
residents;
b) Threatens the health or safety of other residents, employees of EHA, or of
owner employees or other persons engaged in management of the housing;
c) Threatens the health or safety of, or the right to peaceful enjoyment of their
residences, by persons residing in the immediate vicinity of the premises;
or
d) Is drug-related criminal activity or violent criminal activity.
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7. The owner has failed to comply with regulations, the mortgage or note, or the
regulatory agreement for projects with mortgages insured by HUD or loans made
by HUD or with financing from other local or state governmental agencies;
8. The owner has engaged in actual physical abuse or has threatened abusive or
violent behavior toward a resident, a member of the public, or EHA personnel.
Note:
a) “Abusive or violent behavior” includes verbal as well as physical abuse or
violence. Use of expletives that are generally considered insulting, racial
epithets, or other language, written or oral, that is customarily used to
insult or intimidate, may be cause for disapproval of an owner; and
b) “Threatening” refers to oral or written threats, or physical gestures, that
communicate intent to abuse or commit violence.
9. The owner has not paid state or local real estate taxes, fines or assessments.
10. Methamphetamine production: EHA shall terminate assistance to a household if
any owner/co-owner has been convicted of the manufacture or production of
methamphetamine.
11. Sex-offenders: EHA shall terminate assistance to a household if any owner/coowner is subject to a lifetime registration requirement under a State sex offender
registration program.
Renting from relatives
Unless the lease between the owner and the participant was effective prior to June 17,
1998, the owner may not be a parent, child, grandparent, grandchild, sister or brother of
any participant. EHA may waive this restriction as a reasonable accommodation when a
household member is a person with a disability.
Owners may not live in the same unit with assisted family members in a lease-shared
housing arrangement unless specifically approved by HUD.
In cases where the owner and tenant bear the same last name, EHA may, at its discretion,
require the participant and/or owner to state whether they are related to each other, and if
so in what manner. Owner will be required to provide other requested documentation of
identity (i.e. birth certificate).
For purposes of this policy, “owner” includes a principal or other interested party.
MISREPRESENTATION BY THE OWNER OR MANAGEMENT COMPANY
If the owner/management company is found to have made willful misrepresentations at
any time, which resulted in the owner/management company to be classified as eligible,
when, in fact, they were ineligible, owners/management company will be declared
ineligible and the owner/management company will be terminated because of the act of
fraud and/or willful misrepresentation by the owner/management company. If such
misrepresentation resulted in the owner/management company receiving ineligible HAP
payments, the owner/management company shall be required to pay the amounts
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disbursed. These amounts shall NOT be placed on the existing or future tenants. In
justifiable instances, the HA may take such other actions as it deems appropriate,
including referring the owner/management company to the proper authorities for possible
criminal prosecution.
B. Limitations on Owner’s Participation and Termination [24 CFR 982.453]
If an owner is guilty of frequent or serious Housing Assistance Payment (HAP) Contract
violations, including repeated failure to enforce lease agreements with assisted families,
or has committed fraud, bribery or any other corrupt or criminal act, or has engaged in
drug related criminal activity, the HAP contract with the owner may be terminated and
the owner prohibited from future participation in the program for a period of time
commensurate with the seriousness of the offense.
C. Change in Ownership
A change in ownership requires execution of a new HAP Contract. EHA and the new
owner may, however, complete EHA’s HAP Contract Addendum which will affirm the
new owner’s agreement with the HAP Contract(s) already in effect for the affected
families, and the new owner’s willingness to be bound by the terms of the existing HAP
Contract.
EHA will process a change of ownership only upon the written request of the new owner
and only if accompanied by a copy of the escrow statement or other document showing
the transfer of title, recorded deed and the Employee Identification Number or Social
Security Number of the new owner.
Owners are responsible for notifying EHA in writing of any change(s) in their Landlord
Accounts. All required documentation must be submitted before any account can be
established or changed.
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Chapter 18
OWNER OR FAMILY DEBTS TO EHA/PAYMENT AGREEMENTS
[24 CFR 982.453 (b), 982.552] [24 CFR 792.103, 982.552 (c) (v-vii)]
This chapter describes EHA's policies for the recovery of funds which have been
overpaid. The Executive Director must approve any exceptions to these guidelines.
File Documentation
Before a debt is assessed against a participant or owner, EHA's claim that a debt is owed
must be properly documented, which shall include a clear written explanation of the
method used to calculate the debt. The debt file, with all supporting documentation, shall
be made available to the owner or the participant who owes the debt.
Methods of Debt Collection
Every effort shall be made to collect all debts owed, which includes, but is not limited to:
Demands for lump sum payments;
Execution of a payment agreement;
Partial abatements when appropriate;
Reductions in HAP to owner;
Use of collection agencies; and
6. Securing judgments.
1.
2.
3.
4.
5.
A. Payment Agreement for Participants [24 CFR 982.552 (c) (v-vii)]
A payment agreement is a written agreement entered into between EHA and a person
who is indebted to EHA. It shall contain a promise to repay the debt, details regarding the
nature of the debt, the terms of payment, any special provisions, and the remedies
available to EHA in the event of a default by the debtor.
EHA May Decline to Enter Into a Payment Agreement
EHA, in its sole discretion, may enter into payment agreements with owners or
participants. EHA will generally not re-enter into payment agreements when:
There is an existing payment agreement between EHA and the participant;
EHA determines that the participant has committed or has attempted to
commit program fraud; or
3. EHA determines that the amount owed is more than the participant can repay
in a reasonable period of time.
1.
2.
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Terms and Conditions of Payment Agreements
EHA shall prescribe the terms and conditions of any payment agreement.
Term
The payment agreement term shall generally be for 12 months or less, but shall in any
event be the minimum time period in which the participant can be reasonably expected to
repay the debt owed. The Leased Housing Director may approve terms of up to 24
months when necessary.
Monthly Payments
The minimum monthly payment shall be the total amount due divided by the number of
months in the term of the payment agreement (1/12th of the total amount owing for a 12
month payment plan, 1/18th for an 18 month payment plan, etc.).
The Leased Housing Director may approve a decrease in the monthly payment for
participants who experience a hardship, provided that the participant is current on their
repayment, requests a decrease in a reasonable time and provides verification of the
hardship. The change in monthly payment shall be made an attachment to the payment
agreement and shall be signed by the Leased Housing Director and the participant(s). The
term of the payment agreement shall be lengthened accordingly, up to a maximum of 24
months.
Execution
Payment agreements shall be executed by the head of household and the co-head or
spouse, as applicable.
The payment agreement shall be executed for EHA by the Housing Specialist or
designee.
Cashier Check or Money Order Only
Payments shall be made by money order or cashier's check.
Late Payments/Default/Termination of Assistance
Payments shall be delinquent if not received by EHA within (10) ten business days of the
due date. Failure to make any payment before it is delinquent shall constitute a default
under the payment agreement.
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When a payment is delinquent the participant’s assistance may be terminated and EHA
may pursue any available remedy, including filing a civil action, to collect the balance
owing.
Referrals
When fraud is involved, EHA may refer a participant’s or owner’s case to the HUD
Inspector General, the U.S. Attorney, the County Prosecutor, or the City Attorney, in
addition to pursuing any available civil remedy against the participant or owner.
Requests to Move
No move will be approved unless the debt is paid in full or the repayment agreement is
current, unless the move is the result of one of the following causes:
1.
2.
3.
4.
Family size exceeds the HQS maximum occupancy standards;
The HAP Contract is terminated due to owner non-compliance or opt-out;
A man-made or natural disaster;
The move is pursuant to a reasonable accommodation approved by EHA; or
EHA may require that a payment agreement be current before issuing a voucher to move
in all cases.
B. Owner Debts to EHA [24 CFR 982.453(b)]
If an owner has received Housing Assistance Payments or claim payments to which the
owner is not entitled, EHA may recover such amounts from future Housing Assistance
Payments or claim payments owed the owner.
If future housing assistance or claim payments are insufficient to recover the amounts
owed in a reasonable time, EHA may:
1.
2.
3.
4.
5.
Demand that the owner pay the amount in full within 30 days;
Enter into a payment agreement with the owner for the amount owed;
Refer the debt to a collection agency;
File a lawsuit to recover the debt; or
Prohibit the owner’s future participation in the program.
D. Debts Owed By Applicants to any Housing Authority
If it is determined during the verification process, prior to or after the process has begun,
that any member of the applicant’s family owes any Housing Authority money, then the
applicant will be given 60 days to repay the debt in full. At its discretion, the Evansville
Housing Authority may continue verification of the family’s eligibility, but will not allow
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the applicant to attend a briefing until the debt has been repaid in full. If the applicant
fails to repay the debt in full before the 60-day limit expires, then the applicant’s HCV
assistance will be denied.
E. Landlord collection of rent payments:
In the event that the landlord has failed to collect the tenants’ rent portion in excess of the
last 60 days prior to receiving the 30 Day Notice Intent to Move Form, EHA will not
prevent the client from moving and utilizing the housing choice voucher. EHA will only
require proof that the tenant has paid his/ her rent portion from the last 60 days when
requesting a move. The landlord failure to collect the tenant’s rent portion over the
current term of the lease may be deemed as neglect.
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Chapter 19
COMPLAINTS AND APPEALS
This Chapter describes the policies, procedures and standards to be applied when
applicants, owners or participants disagree with an EHA decision.
A. Complaints
Processing Complaints
All complaints, other than HQS violation complaints, must be in writing. HQS
complaints may be reported orally (by telephone or in person) or in writing.
EHA will respond to all properly documented complaints within 10 business days.
Complaints By or Concerning Participants
Complaints by or concerning program participants shall be referred to the Housing
Specialist. Any complaint not resolved by the Housing Specialist shall be referred to the
Leased Housing Director, and if still unresolved to the Executive Director.
Complaints By or Concerning Applicants
Complaints by or concerning applicants shall be referred to the Admissions Officer. Any
complaint not resolved by the Admissions Officer shall be referred to the Leased housing
Director and then to the Executive Director.
B. Informal Reviews for Denials of Admission to Program [24 CFR 982.54(d) (12),
982.554]
An informal review is a review of an applicant’s file and circumstances by an EHA staff
person who has not had any previous material involvement with the applicant, to
determine whether EHA’s policies and procedures have been applied correctly in denying
the application.
When Informal Reviews are Required:
An applicant whose application is denied shall be provided an opportunity for an
informal review of EHA’s decision.
Exception: An applicant whose application is denied for reasons of citizenship or eligible
immigrant status shall be provided an “informal hearing” (see procedures below).
When Informal Reviews are not Required:
Informal reviews are not required for the following:
1. Discretionary administrative determinations such as what constitutes a complete
application, how and when applications will be assigned for review, and what
resources will be devoted to the review of a particular application or applications
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2.
3.
4.
5.
6.
7.
8.
in general;
General policy issues or class grievances such as local preferences and income
eligibility;
The determination of the family unit size under EHA subsidy standards;
The determination of EHA’s schedule of utility allowances for families on the
program.
A refusal to extend or suspend a voucher;
A determination not to approve tenancy for a specific unit;
A determination that a unit selected by an applicant is not in compliance with HQS
because of characteristics of the unit; or
A determination that a unit is not in accordance with HQS due to family size or
composition.
Notice of Denial/Procedure for Requesting Informal Review
When EHA determines that an applicant is ineligible, the applicant must be notified of
the decision in writing.
The notice must state:
1. The reason(s) for ineligibility;
2. A statement that the applicant may request an informal review if they disagree
with the decision;
3. The procedure for requesting a review if the applicant does not agree with the
decision; and
4. The deadline for requesting a review.
When an application is denied because of criminal activity described in a criminal record,
EHA will, on request, provide both the applicant and the person who is the subject of the
record a copy of the criminal record upon which the denial decision is based.
Procedure for Informal Review
A request for an informal review must be submitted in writing to the Leased Housing
Department by 4:00 p.m., no later than 10 business days from the date of EHA’s denial
notice. An informal review will be scheduled within 10 business days from the date the
hearing request is received.
The review may be conducted by a supervisory level staff person who was not involved
in the decision under review, and who is not subordinate to the person who made the
decision.
The applicant will be given the opportunity to present oral or written objections to the
decision. Both EHA and the applicant may present evidence and witnesses. The applicant
may, at the applicant’s own expense, be represented by an attorney or other
representative.
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The applicant may be present at the review to provide information, but the applicant’s
presence is not required. The review may be conducted as a conference call at the
discretion of EHA.
The decision of the review officer shall be provided to the applicant in writing within 10
business days after the date of the review, and shall include an explanation of the reasons
for the decision.
All review requests, supporting documentation, and a copy of the final decision shall be
retained in the applicant’s file.
C
Informal Hearing Procedures for Participants [24 CFR 982.555(a-f),
982.54(d) (13)]
When Hearings for Participants are Required:
An opportunity for an informal hearing shall be provided to all participants for any of the
following decisions, to determine whether the decision as it relates to the individual
circumstances of the participant is in accordance with the law, HUD regulations and SHA
policies:
1. The determination of the participant’s annual or adjusted income and the
computation of the Housing Assistance Payment;
2. The determination of the appropriate utility allowance (if any) for tenant-paid
utilities, from the EHA utility allowance schedule;
3. The determination of family unit size under EHA’s subsidy standards;
4. A decision to terminate a participant’s Family Self-Sufficiency (FSS) contract,
withhold supportive services, or propose forfeiture of the participant’s escrow
account;
5. The determination that a certificate program family is residing in a unit with a
larger number of bedrooms than appropriate for the family unit size under EHA’s
subsidy standards, or a decision to deny the family’s request for an exception
from the standards;
6. A decision to terminate assistance for a participant family because of the family’s
failure to satisfy its family obligations; and
7. A decision to terminate assistance because the participant family has been absent
from the assisted unit for longer than the maximum period permitted under EHA
policy and HUD rules.
An opportunity for an informal hearing must always be provided before terminating
assistance.
When Hearings for Participants are not Required:
Informal hearings are not required for the following determinations:
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1.
2.
3.
4.
5.
6.
7.
Discretionary administrative determinations;
General policy issues or class grievances;
Establishment of the schedule of utility allowances for families in the program;
A decision not to approve an extension or suspension of a voucher term;
A decision not to approve a unit or lease;
A determination that an assisted unit is not in compliance with HQS;
A determination that the unit is not in accordance with HQS because of the family
size;
8. A determination to exercise or not exercise any right or remedy against the owner
under a HAP contract.
Notice to Participants of EHA Decisions
Participants shall be notified in writing of decisions regarding the amount of their
assistance or their eligibility for continued participation in the program. Participants will
be given prompt notice of such decisions, which shall include:
1.
2.
3.
4.
The proposed action or decision;
The date the proposed action or decision will take place;
The participant’s right to an explanation of the basis for the decision;
The procedures for requesting a hearing if the participant disputes the action or
decision;
5. The deadline for requesting the hearing; and
6. The name of the person to whom the hearing request should be addressed.
When continued participation in the program is denied because of criminal activity
described in a criminal record, EHA will, on request, provide the participant and the
person who is the subject of the record an opportunity to review the contents of the
criminal record upon which the denial decision is based. EHA will not provide a copy of
the record to the subject of the record.
A copy of EHA’s hearing procedures shall be provided if requested by the family.
Notification of Hearing
When a request for an informal hearing is received, a hearing shall be scheduled within
30 days from the date the request is received by EHA. The hearing notification shall
state:
1. The date and time of the hearing;
2. The place where the hearing will be held;
3. That the participant has a right to present evidence and witnesses, bring
translators, and be represented by legal or other representatives at the
participant’s expense;
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4. That the participant has the right to view any available documents or evidence
upon which EHA based the proposed action and, at the family's expense, obtain a
copy of such documents prior to the hearing. Requests for such documents or
evidence must be received no later than three business days before the hearing
date. If the family requests copies of documents relevant to the hearing, EHA will
make the copies for the family and assess a charge of 25 cents per copy. In no
case will the family be allowed to remove the file from EHA’s office; and
5. That EHA shall have the opportunity to examine, at its offices, before the hearing,
any of the participant’s documents that are relevant to the hearing, and must be
allowed to copy any such document at its expense. Any documents not made
available at least three business days before the hearing date may not be used in
the hearing.
Hearing Procedures
Participant Rights
Participants have the right to:
1. Present written or oral objections to EHA’s determination;
2. Examine the documents that are the basis for EHA’s action, and all documents
submitted to the Hearing Officer;
3. Present any information or witnesses on any pertinent issues;
4. Request that EHA staff be available or present at the hearing to answer questions
pertinent to the case; and
5. Be represented, at their own expense, by legal counsel or other designated
advocate or representative.
EHA Rights
In addition to other rights contained in this Chapter, EHA has a right to:
1. Present evidence and information on any pertinent issue;
2. Three days’ advance notice of the participant’s intent to be represented by
legal counsel or other advocate or representative;
3. Examine and copy any documents presented at the hearing;
4. Be represented by counsel; and
5. Have staff persons and other witnesses familiar with the case present.
Conduct of the Hearing
The informal hearing shall be conducted by a Hearing Officer appointed by EHA who is
neither the person who made or approved the decision, nor a subordinate of that person.
Only the issues subject to appeal and those by the participant in their notice of appeal
shall be addressed at the hearing. Evidence presented at the hearing may be considered
without regard to admissibility under the rules of evidence in judicial proceedings.
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No documents may be presented at the hearings which the subject has not had the
opportunity to review if requested before the hearing. “Documents” include all written
records.
If the participant desires an audio recording of the hearing, the recording must be
requested at least one business day prior to the hearing date.
The Hearing Officer may ask the family for additional information and/or may adjourn
the hearing as needed.
Examples:
If a Client’s assistance is being terminated for an unauthorized occupant in household, the
Hearing Officer can request proof that residency was established 30 days prior to the
Termination Notice being issued.
If an Applicant is asked to provide supporting documentation that a Spouse will not be
listed in his/ her household, the Hearing Officer can request additional verification not
listed in Chapter 8, if more information is needed.
If the family fails to appear at the hearing, or fails to meet a deadline imposed by the
Hearing Officer, the decision of EHA shall become final and take effect immediately. No
new hearing will be granted unless the applicant is able to demonstrate to EHA, by clear
and compelling evidence, that their failure to appear or meet the deadline was caused by
circumstances beyond their control.
Standard of Review
The Hearing Officer will determine whether EHA’s action or decision is consistent with
HUD regulations and this Administrative Plan based upon the evidence and testimony
provided at the hearing. Factual determinations relating to the individual circumstances of
the family will be based on a preponderance of the evidence presented at the hearing.
Decision
The Hearing Officer will issue a written decision within 10 business days after the date
the hearing is closed.
The decision shall include:
1. A clear statement of the Hearing Officer’s findings, conclusion and decision;
2. A clear summary of the decision and explanation of the reasons;
3. If the decision involves money owed, a clear statement of the amount owed, and
documentation of the calculation of the amount owed; and
4. The date the decision is effective.
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Decisions Not Binding on EHA
EHA shall not be bound by any decision that:
1. Concerns matters for which no opportunity for a hearing is provided;
2. Conflicts with or contradicts HUD regulations or requirements;
3. Conflicts with or contradicts federal, state or local laws;
4. Exceeds the authority of the Hearing Officer; or
5. Involves issues not raised in the participant’s appeal notice.
If EHA determines that it is not bound by the Hearing Officer’s decision it shall, within
10 days of the date of the Hearing Officer’s decision, so advise the participant in writing,
which shall include the reasons for EHA’s determination that it will not be bound by the
decision.
Records
All hearing requests, supporting documentation, and a copy of the final decision shall be
retained in the participant’s file.
D.
Hearing and Appeal Provisions for “Restrictions on Assistance to NonCitizens" [24 CFR Part 5, Subpart E]
If there is an INS appeal, assistance to an applicant or participant may not be delayed,
denied or terminated on the basis of the applicant’s or participant’s immigration status
prior to receipt of the decision on the INS appeal.
Assistance to a family may not be terminated or denied while an EHA hearing is pending.
INS Determination of Ineligibility
If a family member claims to be an eligible immigrant and the INS SAVE system and
manual search do not verify the claim, the participant or applicant will be notified within
10 days of the right to appeal to the INS. Such an appeal must be filed within 30 days.
The applicant or participant may also request an informal hearing with EHA.
If the applicant or participant appeals to the INS, he or she must provide a copy of the
appeal and proof of mailing to EHA or EHA may proceed to deny the application or
terminate assistance.
The time period for requesting an appeal may be extended for good cause.
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Hearing Request
The request for an EHA hearing must be made within 14 calendar days of receipt of the
notice of the right to appeal to the INS or request an informal EHA hearing.
Hearing Process
After receipt of a request for an informal hearing, EHA shall schedule and conduct the
hearing in accordance with the procedures described in Section “C” above.
Ineligibility Determinations
If the Hearing Officer determines that the applicant or participant is not eligible, and
there are no other eligible family members, EHA may:
1. Defer termination if the participant qualifies for deferral; or
2. Terminate the participant if they do not qualify for deferral.
If there are eligible members in the family, EHA will offer to pro-rate assistance or give
the family the option to remove the ineligible members.
Other Complaints Related to Citizenship/Immigration Status
If any family member fails to provide documentation or certification as required by the
regulations, that member shall be considered ineligible. If all family members fail to
provide the required documentation, the family will be denied assistance or terminated
for failure to provide the required information.
Participants terminated after a temporary deferral may not request a hearing.
Participants whose assistance is pro-rated (either because some members are ineligible or
because of the failure to verify eligible immigration status for some members after
exercising their appeal and hearing rights described above) are entitled to a hearing
regarding tenant rent and Total Tenant Payment determinations.
Families denied or terminated for fraud in connection with the non-citizens rule are
entitled to a review or hearing in the same manner as terminations for any other fraud.
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Chapter 20
SPECIAL HOUSING TYPES
[24 CFR 982.601]
EHA will subsidize the following special housing types:
1. Single room occupancy housing;
2. Congregate housing; and
3. Leased shared housing.
4. Cooperative Housing
5. Manufactured Housing
6. Group Home Housing
A. Single Room Occupancy [24 CFR 982.602, 603, 604]
A single person may reside in single room occupancy (SRO) housing unit and receive
assistance under the Housing Choice Voucher Program. EHA will use a separate lease
and Housing Assistance Payment Contract for each assisted person residing in an SRO
unit under the tenant-based Housing Choice Voucher Program. [24 CFR 982.603]
The payment standard for participants residing in an SRO unit who have a tenant-based
Housing Choice Voucher is 75 percent of EHA’s zero-bedroom (studio) payment
standard.
The payment standard for participants residing in an SRO unit who have a tenant-based
certificate is 75 percent of the zero-bedroom FMR.
The payment standard for SRO project-based units is described in Chapter 6.
Utility Allowance
The utility allowance for an assisted person residing in an SRO unit is 75 percent of the
zero bedroom utility allowance.
Housing Quality Standards
EHA will ensure that all SRO units approved for the program are in compliance with all
of the Housing Quality Standards for SROs as regulated in 24 CFR 982.605.
B. Congregate Housing [24 CFR 982.606, 607]
An elderly person or a person with disabilities may reside in a congregate housing unit
and be assisted under the Housing Choice Voucher Program.
EHA shall require a separate lease and HAP Contract for each assisted participant in a
congregate care unit.
The payment standard for a family that resides in a congregate housing unit is the zerobedroom (studio) payment standard on EHA’s payment standard schedule.
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Exception: If there are two or more rooms in the unit (not including kitchen or sanitary
facilities), the payment standard for a family that resides in a congregate housing unit is
the one- bedroom payment standard amount.
Housing Quality Standards
EHA will ensure that all congregate housing units approved for the program are in
compliance with all of the Housing Quality Standards for congregate housing as
regulated in 24 CFR 982.609.
C. Leased Shared Housing [24 CFR 982.615, 982.616]
Occupancy
An assisted family may reside in shared housing, along with other persons who are assisted
or not assisted.
EHA may approve a live-in aide to reside with a family in order to care for a person with
a disability, according to the guidelines for approving a live-in aide described in Chapter
8. An approved live-in aide will be counted in determining family size and the number of
bedrooms to be subsidized.
The owner of a shared housing unit may reside in the unit; however, housing assistance
may not be paid on behalf of an owner.
EHA will not approve assistance for a person or family that is related by blood or
marriage to a resident owner.
There will be a separate Housing Assistance Payment Contract and lease for each assisted
family residing in a shared housing unit.
Rent and HAP Contract
The rent to owner for the family may not exceed the pro-rata portion of the reasonable
rent for the shared housing dwelling unit. The term “pro-rata portion” means the ratio
derived by dividing the number of bedrooms in the private space available for occupancy
by a family by the total number of bedrooms in the unit. For example, for a family
entitled to occupy three bedrooms in a five-bedroom unit, the family’s pro-rata portion
would be 3/5th of the rent for the unit.
The reasonable rent must be in accordance with the guidelines established in Chapter 12,
Owner Rents, Rent Reasonableness, and Payment Standards.
Maximum Subsidy
For a family that resides in a shared housing unit, the payment standard is the lowest of:
1. The payment standard amount according to EHA’s payment standard schedule for
the family unit size;
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2. The pro-rata portion of the payment standard amount on EHA payment standard
for the shared housing unit size; or
3. The gross rent of the unit.
Utility Allowance
The utility allowance for an assisted family living in shared housing is the pro-rata
portion of the utility allowance for the shared housing unit.
Security Deposit
See reference Chapter 7 Total Tenant and Family Share.
Housing Quality Standards
EHA will ensure that all shared housing units approved for the program are in
compliance with all of the Housing Quality Standards for shared housing as regulated in
24 CFR 982.618.
D. COOPERATIVE HOUSING [24 CFR 982.619]
The EHA will approve a family living in cooperative housing if it is determined that
assistance under the program will help maintain affordability of the cooperative unit for
low-income families. The EHA will not approve assistance for a family in cooperative
housing until the EHA has also determined that the cooperative has adopted requirements
to maintain continued affordability for low-income families after transfer of a cooperative
member’s interest in a cooperative unit (such as a sale of the resident’s share in a
cooperative corporation).
The reasonable rent in cooperative housing is determined in accordance to this
Administrative Plan. For cooperative housing, the rent to owner is the monthly carrying
charge under the occupancy agreement/lease between the member and the cooperative.
The carrying charge consists of the amount assessed to the member by the cooperative for
occupancy of the housing. It includes the member’s share of the cooperative’s debt
service,
operating expenses, and necessary payments to cooperative reserve funds. However, the
carrying charge does not include down payments or other payments to purchase the
cooperative unit, or to amortize a loan to the family for this purpose. Gross rent is the
carrying charge plus any utility.
The lease and other appropriate documents will stipulate that the monthly carrying charge
is subject to Section 8 limitations on rent to owner. The housing assistance payment will
be determined in accordance with the guidelines in this Administrative Plan.
The EHA may approve a live-in aide to reside with the family to care for a person with
disabilities. The EHA will approve a live-in aide if needed as a reasonable
accommodation so that the program is readily accessible to and usable by persons with
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disabilities. If the EHA approves a live-in aide, the live-in aide will be counted when
determining the family unit size.
Housing Quality Standards
The EHA will ensure that all cooperative housing units approved for the program are in
compliance with all of the Housing Quality Standards outlined in this Administrative
Plan and regulated by 24 CFR 982.401.
E. MANUFACTURED HOMES [24 CFR 982.620]
The EHA will permit a family to lease a manufactured home and space with assistance
under the program. The EHA will provide assistance for a family that owns the
manufactured home and leases only the space.
The EHA may approve a live-in aide to reside with a family to care for a person with
disabilities.
The EHA will approve a live-in aide if needed as a reasonable accommodation so that the
program is accessible to and usable by persons with disabilities. If the EHA approves a
live-in aide, the live-in aide must be counted when determining the family unit size.
Housing Quality Standards [24 CFR 982.621]
A manufactured home must meet all the HQS requirements outlined in this
Administrative Plan and regulated by 24 CFR 982.401. In addition the manufactured
home also must meet the following requirements:
 A manufactured home must be placed on the site in a stable manner, and must be
free from hazards such as sliding or wind damage.

A manufactured home must be securely anchored by a tie-down device that
distributes and transfers the loads imposed by the unit to appropriate ground
anchors to resist wind overturning and sliding.
Manufactured Home Space Rental [24 CFR 982.622]
Rent to owner for a manufactured home space will include payment for maintenance
services that the owner must provide to the tenant under the lease for the space.
Rent to owner does not include the cost of utilities and trash collection for the
manufactured home. However, the owner may charge the family a separate fee for the
cost of utilities or trash collection provided by the owner.
Reasonable Rent
During the assisted tenancy, the rent to owner for the manufactured home space may not
exceed a reasonable rent as determined by the EHA.
The EHA will not approve a lease for a manufactured home space until the EHA has
determined that the initial rent to owner for the space is a reasonable rent. At least
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annually during the assisted tenancy, the EHA will re-determine that the rent is
reasonable.
The EHA will determine whether the rent to owner for a manufactured home space is a
reasonable rent in comparison to rents for other comparable manufactured home spaces.
The EHA will consider the size and location of the space and any services and
maintenance provided by the owner in accordance with the lease.
By accepting each monthly housing assistance payment from the EHA, the owner of the
manufactured home space certifies that the rent to owner for the space is not more than
rent charged by the owner for unassisted rental of comparable spaces in the same
manufactured home park or elsewhere. If requested by the EHA, the owner must provide
the EHA information on rents for other manufactured home space.
HAP for Manufactured Home Space [24 CFR 982.623]
The FMR for a manufactured home space is calculated as 75% of the FMR for a 2bedroom unit.
HAP for the Voucher Tenancy Program
For the Voucher Tenancy Program, there is a separate FMR for a family renting a
manufactured home space. The initial rent to owner for leasing a manufactured home
space may not exceed the published FMR for a manufactured home space. The payment
standard is used to calculate the monthly housing assistance payment for a family. The
FMR for rental of a manufactured home space is generally 40% of the published FMR for
a two-bedroom unit.
Subsidy Calculation for the Voucher Program
During the term of a voucher tenancy, the amount of the monthly housing assistance
payment for a family will equal the lesser of:
 The payment standard minus the total tenant payment; or

The rent paid for rental of the real property on which the manufactured home
owned by the family is located (the space rent) minus the total tenant payment.
The space rent is the sum of the following as determined by the EHA:
 Rent to Owner for the manufactured home space;
 Owner maintenance and management charges for the space;
 The utility allowance for tenant paid utilities.
Amortization Cost
The amortization cost may include debt service to amortize costs (other than furniture
costs) included in the purchase price of the manufactured home. The debt service
includes the payment for principal and interest on the loan. The debt service amount will
be reduced by 15% to exclude debt service to amortize the cost of furniture, unless the
EHA determines that furniture was not included in the purchase price.
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Any debt service due to refinancing the manufactured home after purchase of the home is
not included in the amortization costs.
The EHA will not approve as part of the monthly amortization payment, set-up charges to
be included in the debt service incurred by a family that relocates its home.
The EHA will not include as part of the monthly amortization payment, set-up charges
incurred before the family became an assisted family, if monthly payments are still being
made to amortize such charges.
Utility Allowance Schedule for Manufactured Home Space Rental [24 CFR 982.624]
The EHA will establish utility allowances for manufactured home space rental. For the
first 12 months of the initial lease term only, the allowances will include a reasonable
amount for utility hook-up charges payable by the family, if the family actually incurs the
expenses because of a move.
Allowances for utility hook-up charges do not apply to a family that leases a
manufactured home space in place. Utility allowances for manufactured home space will
not be applied to cover the costs of digging a well or installation of a septic system.
The Evansville Housing Authority will approve leases for the following housing
types:
A.
B.
C.
D.
E.
Single family dwellings
Apartments
Manufactured housing
Manufactured home space rentals
House boats
F.
GROUP HOMES [24 CFR 982.610, 982.612]
A group home must be licensed, certified, or otherwise approved in writing by the State,
or the State’s licensing department.
An elderly person or a person with disabilities may reside in a State-approved group
home. If approved by the EHA, a live-in aide may reside with a person with disabilities.
The EHA must approve a live-in aide if needed as a reasonable accommodation so that
the program is readily accessible to and usable by persons with disabilities. Except for a
live-in aide, all residents of a group home must be elderly persons or persons with
disabilities.
The EHA will not approve assistance for a person to live in a group home if file
documentation indicates that the person is in need of continual medical or nursing care.
No more than twelve persons may reside in a group home. This limit covers all persons
who reside in the unit, including assisted and unassisted residents and any live-in aide.
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Group Home Lease and HAP Contract [24 CFR 982.611]
There will be a separate HAP contract and lease for each assisted person living in a group
home. For a group home the term “pro-rata portion” means that which is derived by
dividing the number of persons in the assisted household by the total number of residents
(assisted and unassisted) residing in the group home. The number of persons in the
assisted household equal’s one assisted person plus any EHA-approved live-in aide.
Group Home Rent and HAP Contract [24 CFR 982.613]
The rent to owner for an assisted person may not exceed the pro-rata portion of the
reasonable rent for the group home.
The reasonable rent for a group home is determined in accordance with 982.503. In
determining reasonable rent the EHA will consider whether sanitary facilities, and
facilities for food preparation and service, are common facilities or private.
Maximum Subsidy
Unless there is a live-in aide, the family unit size is one bedroom. If there is a live-in
aide, the live-in aide will be counted in determining the family unit size.
The Payment Standard for a person who resides in a group home is the lower of the
Payment Standard for the family unit size; or the pro-rata portion of the Payment
Standard for the group home size.
Utility Allowance
The utility allowance for each assisted person residing in a group home is the pro-rata
portion of the utility allowance for the group home unit size.
Housing Quality Standards
The EHA will ensure that all group home units approved for the program are in
compliance with all of the Housing Quality Standards for group homes as regulated in 24
CFR 982.614.
G.
Security deposit for Special Housing Types
The owner may collect a security deposit from the tenant in an amount not in
excess of amounts charged in private market practice and not in excess of
amounts charged by the owner to unassisted tenants.
The owner must give the tenant a written list of all items charged against the
security deposit and the amount of each item. After deducting the amount, if any,
used to reimburse the owner, the owner must refund promptly the full amount of
the unused balance to the tenant within 45 days of the vacate date. Client is
responsible for providing a forwarding address to the Landlord.
Owner may use the security deposit to cover unpaid tenant rent owing at time of
move out, damages and/or other costs allowed under State Landlord-Tenant Act.
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The EHA will provide a prior Housing Choice Voucher owner with the current
address of a family who continues to receive Housing Choice Voucher
Assistance, when the owner provided written evidence that (1) the unpaid
rent/damages exceed the security deposit collected and (2) the owner has received
a court judgment for additional amounts owed for example: un paid water bill.
If the security deposit is not sufficient to cover amounts the tenant owes under the
lease, the owner may seek to collect the balance from the tenant.
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CHAPTER 21
FAMILY SELF-SUFFICIENCY PROGRAMS (If Applicable):
The purpose of the family self-sufficiency (FSS) program is to promote the development
of local strategies to coordinate the use of public housing assistance and assistance under
the Section 8 rental program with public and private resources, to enable families eligible
to receive assistance under these programs, and to achieve economic independence and
self-sufficiency.
This HA has developed an action plan and policy and procedures to implement the
requirements of this program. A copy of this plan, policy and procedure is attached to
this document and is incorporated by reference as if fully set out herein. The FSS plan
includes the following.
1.
Eligible FSS Participants: Description of how current Section 8 participants
(Families currently receiving Section 8 assistance are the only families eligible to
participate in the FSS program) will be selected to participate in the FSS program;
(Reference Action Plan and Policy and Procedures to Implement the FSS Program
for specific guidelines on selecting participants for the FSS program). The basis
selection criterion is listed below:
A.
Fifty (50) percent of the HA's slots will be allocated to Section 8 participants
with one or more family members currently enrolled in, or on the waiting list
for, one or more FSS related service programs such as Job Opportunities and
Basic Skills Training (JOBS) and/or Job Training Partnership Act (JTPA).
B.
The remaining fifty (50) percent of the HA's slots will be filled based on the
date and time a family expresses interest in the FSS program. The HA will
notify each Section 8 participant of the availability of the FSS program, in
writing, and inform the families that eligibility for participation will be based
on the date and time the HA is contacted by the family and an interest is
expressed in the program.
The HA will keep records for a period of not less than three years, which
documents how families were selected for participation in the FSS program.
2.
Termination of FSS: If the FSS participant under reports income and assets, the
Section 8 assistance can be terminated and/or the family can be terminated for the
FSS program. In either case the HA will not credit the family's escrow account with
any portion of the back rent.
A.
Description of how Section 8 assistance is terminated and/or how FSS
supportive services are withheld for violations of FSS obligations. Section 8
assistance is terminated in accordance with Section XI of this document. If a
Family fails to meet its FSS obligations as outlined in the FSS contract of
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participation the family can be terminated from the FSS program. The family
may lose Section 8 assistance if they are terminated from the FSS program.
The HA is never required to terminate Section 8 assistance as a consequence
of termination of the FSS contract.
B.
C.
3.
If a family was selected to participate in the FSS program and was terminated
because they did not meet its FSS obligations the family may be denied the
opportunity to participant in the FSS program the second time based on the
fact that they violated FSS obligation the first time the family participated in
the FSS program. A family may also be denied the opportunity to participate
in the FSS program if they owe a funds to a HA.
If an FSS participant moves from another HA's jurisdiction with continued
Section 8 assistance this HA is not obligated to enroll the FSS family in its
FSS program. The family must qualify under the HA's guidelines for
selection and participation in FSS program.
Reduction of Required FSS Program. HA’s may reduce their FSS obligation by one
family for each FSS graduate fulfilling the family’s contract of participation
obligations on or after 10/21/1998. Also, minimum FSS program size will not
increase when a HA receives incremental Section 8 funding and public housing
units on or after 10/21/1998.
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CHAPTER 22
HOMEOWNERSHIP OPTION
PURPOSE
The Housing Choice Voucher Homeownership Program of the Evansville
Housing Authority (EHA) permits eligible participants in the Housing Choice
Voucher program, including participants with portable vouchers, the option of
purchasing a home with their Housing Choice Voucher assistance rather than
renting. The homeownership option is limited to five percent (5%) of the
total Housing Choice Voucher Program administrated by the EHA in any
fiscal year, provided that disable families shall not be subject to the 5% limit
and must meet the eligibility set forth herein.
FAMILY ELIGIBILITY REQUIREMENTS
Participation in the Housing Choice Voucher Homeownership Program is
voluntary. All Housing Choice Voucher participants must meet the general
requirements for admission to the Housing Choice Voucher program as set forth
in EHA’s Administrative Plan. Each Housing Choice Voucher family also must
be “eligible” to participate in the homeownership program. The additional
eligibility requirements for participation in EHA’s Housing Choice
Homeownership program includes that the family must:
A. be a first-time homeowner or have a member who is a person with
disabilities;
B. with the exception of elderly and disabled households, meet a
minimum income requirement without counting income from
”monetary welfare assistance” sources;
C. with the exception of elderly and disabled households, meet the
requisite employment criteria;
D. have fully repaid any outstanding debt owed to the EHA or any
other Housing Authority;
E. not defaulted on a mortgage securing debt to purchase a home
under the homeownership option; and
A. First-Time Homeowner.
Each Housing Choice Voucher family, except families with a disabled member,
must be a first-time homeowner. A “first-time homeowner” means that no
member of the household has had an ownership interest in any residence during
the three (3) years preceding commencement of homeownership assistance.
However, a single parent or displaced homemaker who, while married, owned a
home with a spouse (or resided in a home owned by a spouse) is considered a
“first- time homeowner” for the purpose of the Housing Choice homeownership
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option; and the rights to purchase title to a residence under a lease-purchase
agreement is not considered an “ownership interest.” A member of a cooperative
(as defined in $982.4) also qualifies as a “first-time homeowner.”
B. Minimum Income Requirement.
(1) Amount of Income.
At the time the family begins receiving homeownership
assistance, the head of household, spouse, and /or other
adult household members who will own the home, must
have a gross annual income at least equal to the Federal
minimum hourly wage multiplied by 2000 hours
(currently 10,300 per year).
(2) Exclusions of Welfare Assistance Income.
With the exception of elderly and disabled families, EHA
will disregard any “welfare assistance” income in
determining whether the family meets the minimum
income requirement. Welfare assistance included assist
and from Temporary assistance for Needy Families
(“TANF”); Supplemental Security Income (SSI”) that is
subject to an income eligibility test; food stamps; general
assistance; or other welfare assistance specified by HUD.
The disregard of welfare assistance income under this
section affects the determination of minimum monthly
income
C. Employment History
With the exception of elderly and disabled households, each family must
demonstrate that one or more adult members of the family who will own the
home at commencement of homeownership assistance is employed full-time
(an average of 30 hour per week) and has been so continuously employed for
one year prior to executing of the sales agreement. In order to reasonably
accommodate a family’s participation in the program, EHA will exempt
families that include a person with disabilities from this requirement. EHA’s
Executive Director may also consider whether and to what extent an
employment interruption is considered permissible in satisfying the
employment requirement. The Executive Director may also consider
successive employment during the one (1) year and self-employment in a
business.
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D. Completion of Initial Lease Term. Terms of Participation
Applicants and current participants in the Housing Choice Voucher program
may be ineligible for participation in the Housing Choice Voucher
Homeownership program if completion of an initial lease term has not yet
been completed and/or the current landlord is unwilling to sign a recession
form. Nothing in this provision will preclude Housing Choice Voucher
participants that have completed an initial lease term in another jurisdiction
from participating in the Housing Choice Voucher Homeownership program.
However, if the current landlord is unwilling to sign a recession form the
participant may have to complete the first lease term in order to enter
homeownership.
E. Repayment of any Housing Authority Debts.
Participants in the Section 8 Housing Choice Voucher program shall be
ineligible for participation in the Section 8 homeownership program in the
event any debt or portion of a debt remains owed to EHA or any other
Housing Authority. Nothing in this provision will preclude Housing Choice
Voucher participants that have fully repaid such debt(s) from participating in
the Housing Choice Voucher Homeownership program.
F. Additional Eligibility Factors
(1)
Elderly and disabled Households
Elderly and Disabled families are exempt from the employment requirement set
forth in Section 2.C above. In the case of an elderly or disabled family, EHA will
consider income from all sources, including welfare assistance in evaluating
whether the household meets the minimum income required to purchase a home
through the a Housing Choice Voucher Homeownership program.
(2) Participation in the Family Self-Sufficiency Program (FSS)
Applicants for the Homeownership program are given the option to
participate in EHA’s Family Self-Sufficiency program Participants in an
Individual Development Account (“IDA”) program administered by any
agent other than EHA also will receive a preference for homeownership
assistance in the event applicant for homeownership assistance exceed the
5% limitation.
(3) Prior Mortgage Default
If a head of household, spouse or other adult household members who
will execute the contract of sale, mortgage and loan documents has
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previously defaulted on a mortgage obtained though the Housing Choice
Voucher Homeownership program, the family will be ineligible to
participate in the homeownership program.
FAMILY PARTICIPATION REQUIREMENTS (24 CFR 982.627)
Once a family is determined to be eligible to participate in the program, it must
comply with the following additional requirements:
A. The family has been placed on the Section 8 Housing Choice Voucher
waiting list issued a voucher, and desires to participate in the
homeownership program.
B. At the commencement of homeownership assistance the family must be
one of the following:
1. A first time homeowner;
2. A cooperative member;
3. A family of which a family member is a person with disabilities, and the
use of the homeownership option is needed as a reasonable
accommodation so that the program is readily accessible to and usable by
such person.
C. At commencement of homeownership assistance for the family, the
family must demonstrate that its total annual income (gross income),
as determined by the Evansville Housing Authority, of all the adult
family members who will own the home at commencement of
homeownership assistance is not less than the Federal minimum wage
multiplied by 2,000 hours (currently $10,300 per year) or the HUD
specified income.
Except in the case of an elderly family or a disabled family, the Evansville
Housing Authority shall not count any welfare assistance received by the family
in determining annual income under this section.
The disregard of welfare assistance income under the preceding paragraph only
affects the determination of minimum annual income used to determine if a
family initially qualifies for commencement of homeownership assistance in
accordance with this section, but does not affect:
1. The determination of income eligibility for admission to the voucher
program;
2. Calculation of the amount of the family’s total tenant payment (gross
family contribution); or
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3. Calculation of the amount of homeownership assistance payments on
behalf of the family.
In the case of an elderly family or a disabled family, welfare assistance shall be
counted in determining annual income.
D. The family must demonstrate that one or more adult members of the
family who will own the home at commencement of homeownership
assistance:
1. Is currently employed on a full-time basis (the term “full-time
employment” means not less than an average of 30 hours per week);
2. Has been continuously so employed during the year
commencement of homeownership assistance for the family.
This requirement shall be considered fulfilled if:
before
1. The family member is self-employed and earning a net income (income
after business expenses have been deducted) that equals the federal
minimum hourly wage multiplied by 2,000 hours; or
2. Any employment interruptions either were not the fault of the family
member or were for less than 30 days and caused by an effort to improve
the family’s situation.
The employment requirement does not apply to an elderly family or a disabled
family. Furthermore, if a family other than an elderly family or a disabled family,
includes a person with disabilities, an exemption from employment requirement
shall be granted if the Evansville Housing Authority determines that an exemption
is needed as a reasonable accommodation so that the program is readily accessible
to and usable by persons with disabilities.
E. The Evansville Housing Authority shall not commence homeownership
assistance for a family if any family member has previously received
assistance under the homeownership option, and has defaulted on a
mortgage securing debt incurred to purchase the home.
F. Except for cooperative members who have acquired cooperative
membership shares prior to commencement of homeownership
assistance, no family member has a present ownership interest in a
residence at the commencement of homeownership assistance for the
purchase of any home.
G. The Evansville Housing Authority will also impose the following
additional initial requirements:
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1. There can be no family caused violations of HUD’s housing quality
standards in the last 12 months if applicable;
2. The family must not owe any money to the Evansville Housing Authority
or any other Housing Authority; and
3. The family has no serious or repeated violations of the lease.
H. A percentage of the Housing Choice Vouchers can be utilized for the
Homeownership program.
I. The family is qualified to participate as set forth in this policy.
J. The unit to be purchased is eligible as set forth in this policy.
K. The family has satisfactorily completed the required pre-assistance
homeownership counseling.
ELIGIBLE UNITS (24 CFR 982.628)
A. Any unit that is eligible under the Section 8 rental assistance program is
eligible for this program except the restrictions against purchasing a unit
owned by the Housing Authority or precluding a unit occupied by its owner or
by a person with any interest in the dwelling unit is not applicable.
The types of eligible units are:
1.
2.
3.
4.
Single family dwellings;
Condominiums;
Cooperatives; and
Manufactured Housing and their pads.
The types of units which are not eligible are:
1.
2.
3.
4.
Public or Indian Housing;
Unit receiving Section 8 project based assistance;
Nursing home or facility offering continuing care; and
College or school dormitory
B. The unit must be either existing or under construction at the time the
Evansville Housing Authority determines that the family is eligible for
homeownership assistance.
C. The unit must be either a one unit property or a single dwelling unit is a
cooperative or condominium.
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D. The unit must satisfy the housing quality standards (HQS) and have been
inspected by an independent inspector designated and paid for by the family.
E. The seller cannot be someone who has been debarred, suspended, or is subject
to a limited denial of participation by HUD.
OCCUPANCY STANDARDS
The EHA will use the same occupancy standards set forth in our rental program
for our Homeownership program. If upon conversion from the rental voucher to
the homeownership voucher the family size decreases, the Head of the Household
will maintain their initial family size and for purposes of payment calculations.
SEARCHING FOR A NEW HOME (24 CFR 982.629)
A. The Evansville Housing Authority has established the maximum time that
will be allowed for a family to locate and purchase a home.
B. The family will continue to receive rental assistance until a home is found.
C. The family has up to six months to locate a home to purchase. The six month
period will begin on the first day of the families’ eligibility for
homeownership.
D. The family must obtain financing within three months of locating a home.
The time frame for financing and closing may vary with market conditions.
E. If the family is unable to locate a suitable home, it can request that the
voucher be converted to rental status. This must occur before the voucher
expires. Approval of this request will be at the discretion of the Evansville
Housing Authority.
F. Additional time will be granted to a disabled family as a reasonable
accommodation if justified by the family’s actions and/or marketplace
conditions.
HOMEOWNERSHIP COUNSELING (24 CFR 982.630)
Before the commencement of homeownership assistance for a family, the family
must attend and satisfactorily complete a pre-assistance homeownership and
housing counseling program. The counseling will be conducted by a HUDapproved counseling agency or through the Evansville Housing Authority’s FSS
Program. If this is not available, the housing authority shall make other
arrangements for the pre-assistance counseling.
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Among the topics to be covered in the PHA required pre-assistance counseling
program are:
A. Home maintenance (including care of the grounds);
B. Budgeting and money management;
C. Credit counseling;
D. How to negotiate the purchase price of a home;
E. How to obtain homeownership financing and loan pre-approvals, including a
description of types of financing that may be available, and the pros and cons
of different types of financing;
F. How to find a home, including information about homeownership
opportunities, schools, and transportation in the PHA jurisdiction;
G. Advantages of purchasing a home in an area that does not have a high
concentration of low-income families and how to locate homes in such areas;
H. Information on fair housing, including fair housing lending and local fair
housing enforcement agencies; and
I. Information about the Real Estate Settlement Procedures Act (RESPA), state
and federal truth-in-lending laws, and how to identify and avoid loans with
oppressive terms and conditions.
The Evansville Housing Authority will also offer additional counseling after
commencement of homeownership assistance (ongoing counseling). This
counseling will be voluntary for all homeownership assistance recipients except
those requesting their second, fifth, tenth, fourteenth and fifteenth years of
assistance. The reason for this mandatory counseling is to make sure that families
are either off to a good start or preparing for the termination of their assistance.
HOME INSPECTIONS (24 CFR 982.631)
The Evansville Housing Authority will not commence homeownership assistance
for a family until it has inspected the unit and has determined that the unit passes
Housing Quality Standards.
The unit must also be inspected by an independent professional inspector selected
by and paid by the family. The independent inspection must cover major building
systems and components, including foundation and structure, housing interior and
exterior, and the roofing, plumbing, electrical, and heating systems. The
independent inspector must be qualified to report on property conditions,
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including major building systems and components. The Housing Authority may
not require the family to use an independent inspector selected by the housing
authority. The independent inspector may not be a housing authority employee or
contractor, or other person under control of the housing authority. The
independent inspector shall be certified by the America Society of Home
Inspectors or one whose inspection are accepted by three local lenders. It shall be
the responsibility of the inspector to verify that the inspector meets this
certification qualification.
The independent inspector must provide a copy of the inspection report both to
the family and to the Evansville Housing Authority. The housing authority will
not commence homeownership assistance for the family until it has reviewed the
inspection report of the independent inspector. Even if the unit otherwise
complies with the HQS (and may qualify for assistance under the Evansville
Housing Authority’s tenant-based rental voucher program), the housing authority
shall have discretion to disapprove the unit for assistance under the
homeownership option because of information in the inspection report.
CONTRACT OF SALE
Before commencement of homeownership assistance, a member or members of
the family must enter into a contract of sale with the seller of the unit to be
acquired by the family. The family must give the Evansville Housing Authority a
copy of the contract of sale.
The contract of sale must:
A. Specify the price and other terms of sale by the seller to the purchaser.
B. Provide that the purchase will arrange for a pre-purchase inspection of the
dwelling unit by an independent inspector selected by the purchaser.
C. Provide that the purchaser is not obligated to purchase the unit unless the
inspection is satisfactory to the purchaser.
D. Provide that the purchaser is not obligated to pay for any necessary repairs.
E. Contain a certification from the seller that the seller has not been debarred,
suspended or subject to a limited denial of participation.
FINANCING THE PURCHASE OF THE HOME (24 CFR 982.632)
A. A purchasing family must invest at least three percent of the purchase price of
the home they are buying in the property. This can take the form of a down
payment, closing costs, or a combination of the two. Of this sum, at least one
percent of the purchase price must come for the family’s personal resources.
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B. The family must qualify for the mortgage loan under a lender’s normal
lending criteria taking into account the fact that this is by definition a lowincome family.
C. If the home is purchased using FHA mortgage insurance, it is subject to FHA
mortgage insurance requirements.
D. If the loan is financed either by the seller or a non-traditional mortgage
lending institution or individual, the loan shall be subject to the review of the
Evansville Housing Authority. The housing authority may verify that there
are no unusual or erroneous requirements in the loan documents and that the
mortgage is affordable to the purchasing family. Also, the lender must require
that an appraisal of the property is conducted and the appraiser must
determine that the property is worth at least as much as the purchaser is
paying.
E. The Evansville Housing Authority will not allow balloon payment mortgages,
variable rate mortgages, or seller financed mortgages.
F. All mortgage loans must close within the period of time established by the
Evansville Housing Authority at the time the purchaser and seller entered into
their sale contract.
REQUIREMENTS FOR CONTINUING ASSISTANCE (24 CFR 982.633)
Homeownership assistance will only be paid while the family is residing in the
home. If the family moves out of the home, the Evansville Housing Authority
may not continue homeownership assistance after the month when the family
moves out. The family or lender is not required to refund to the PHA the
homeownership assistance for the month when the family moves out.
The family must agree, in writing, to comply with the following obligations:
A.
The family must attend and complete ongoing homeownership and housing
counseling.
B.
The family must comply with the terms of any mortgage securing debt
incurred to purchase the home (or any refinancing of such debt).
C.
As long as the family is receiving homeownership assistance, use and
occupancy of the home is subject to the following requirements:
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1. The family must use the assisted unit for residence by the family. The
unit must be the family’s only residence.
2. The composition of the assisted family residing in the unit must be
approved by the Evansville Housing Authority. The family must
promptly inform the housing authority of the birth, adoption, or courtawarded custody of a child. The family must request housing authority
approval to add any other family member as an occupant of the unit. No
other person (i.e., nobody but members of the assisted family) may
reside in the unit (except for a foster child or live-in aide).
3. The family must promptly notify the Evansville Housing Authority if
any family member no longer resides in the unit.
4. If the Evansville Housing Authority has given approval, a foster child or
a live-in aide may reside in the unit.
5. Members of the household may engage in legal profit-making activities
in the unit, but only if such activities are incidental to primary use of the
unit for residence by members of the family.
6. The family must not sublease or sublet the unit.
7. The family must not assign the lease or transfer the unit.
8. The family must supply any information or certification requested by the
housing authority to verify that the family is living in the unit, or relating
to family absence from the unit, including any housing authority
requested information or certification on purposes of family absences.
The family must cooperate with the housing authority for these purposes.
The family must promptly notify the housing authority of their absence
from the unit.
D.
The family may grant a mortgage on the home for debt incurred to finance
purchase of the home or any refinancing of such debt.
E.
Upon death of a family member who holds, in whole or in part, title to the
home or ownership of cooperative membership shares for the home,
homeownership assistance may continue pending settlement of the
decedent’s estate, notwithstanding transfer of title by operation of law to the
decedent’s executor or legal representative, so long as the home is solely
occupied by remaining family members in accordance with paragraph C
above. In the case of a divorce or family separation, the assistance shall
follow what a court decrees.
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F.
The family shall supply the Evansville Housing Authority with any required
information requested by the housing authority. In particular this shall
include information relating to the following:
1.
2.
3.
4.
5.
6.
Citizenship or related immigration matters;
Family income and composition;
Social Security numbers;
Any mortgage or other debt placed on the property;
Any sale or other transfer of any interest in the home; and
The family’s homeownership expenses
G.
The family must notify the housing authority before the family moves out of
the home.
H.
The family must not sell or transfer the home to anyone other than a member
of the assisted family who resides in the home while receiving
homeownership assistance.
I.
The family must notify the Evansville Housing Authority if the family
defaults on a mortgage securing any debt incurred to purchase the home.
J.
During the time the family receives homeownership assistance under this
program, no family member may have any ownership interest in any other
residential property.
K.
Before commencement of homeownership assistance, the family must
execute a statement of family obligations in the form prescribed by HUD.
In the statement, the family agrees to comply with all family obligations
under the homeownership option.
L.
The family must secure the written permission of the Evansville Housing
Authority before it refinances any debt secured by the home or places any
additional secured debt on the property.
M.
The family must assure the Evansville Housing Authority that all real estate
taxes were paid on a timely basis. If they are not paid, assistance shall be
terminated.
N.
The family must supply all required information to the EHA, including but
not limited to annual verification of household income, notice of change in
homeownership expenses, notice of move-out, and notice of mortgage
default. The Evansville Housing Authorities Homeownership Family
Obligation policies are set forth in Appendix A hereto.
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MAXIMUM TERM OF HOMEOWNERSHIP ASSISTANCE (24 CFR 982.634)
A. Except in the case of a family that qualifies as an elderly or disabled family,
family members shall not receive homeownership assistance for more than
fifteen years if the initial mortgage incurred to finance purchase of the home
has a term of 20 years or longer; or ten years, in all other cases.
B. The maximum term described in the preceding paragraph applies to any
member of the family who has an ownership interest in the unit during the
time the homeownership payments are made or is the spouse of any member
of the household who has an ownership interest during the time the
homeownership payments are made.
C. As noted in Paragraph A of this Section, the maximum homeownership
assistance term does not apply to elderly and disabled families. In the case of
an elderly family, the exception only applies if the family qualifies as an
elderly family at the start of homeownership assistance. In the case of a
disabled family, the exception applies if at any time during receipt of
homeownership assistance the family qualifies as a disabled family. If, during
the course of homeownership assistance, the family ceases to qualify as a
disabled or elderly family, the maximum term becomes applicable from the
date homeownership assistance commenced. However, such a family must be
provided at least six months of homeownership assistance after the maximum
term becomes applicable (provided the family is otherwise eligible to receive
homeownership assistance in accordance with this program).
D. If the family has received such assistance for different homes, or from
different housing authorities, the total of such assistance terms is subject to
the maximum term described in Paragraph A of this section.
AMOUNT AND DISTRIBUTION OF HOMEOWNERSHIP ASSISTANCE (24 CFR
982.635)
A. While the family is residing in the home, the Evansville Housing Authority
shall pay a monthly homeownership assistance payment on behalf of the
family that is equal to the lower of:
1. The payment standard minus the total tenant payment; or
2. The family’s monthly homeownership expenses minus the total tenant
payment.
B. The payment standard for a family is the lower of:
1. The payment standard for the family unit size; or
2. The payment standard for the size of the home.
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If the home is located in an exception payment standard area, the Evansville
Housing Authority will use the appropriate payment standard for the exception
payment standard area.
The payment standard for a family is the greater of:
1. The payment standard (as determined in accordance with Paragraph A of
this section) at the commencement of homeownership assistance for
occupancy of the home; or
2. The payment standard (as determined in accordance with paragraph A of
this section) at the most recent regular reexamination of family income and
composition since the commencement of homeownership assistance for
occupancy of the home.
The Evansville Housing Authority will use the same payment standard schedule,
payment standard amounts, and subsidy standards for the homeownership option
as for the rental voucher program.
C. A family’s homeownership expenses shall include the following items:
1. Principal and interest on initial mortgage debt, any refinancing of such
debt, and any mortgage insurance premium incurred to finance purchase
of the home;
2. Real estate taxes and public assessments on the home;
3. Home insurance;
4. The Evansville Housing Authority utility allowance for the home; and
5. Principal and interest on mortgage debt incurred to finance costs for major
repairs, replacements or improvements for the home. If a member of the
family is a person with disabilities, such debt may include debt incurred
by the family to finance costs needed to make the home accessible for
such person, if the housing authority determines that allowance of such
costs as homeownership expenses is needed as a reasonable
accommodation so that the homeownership option is readily accessible to
and usable by such person.
D. Homeownership expenses for a cooperative member may only include
amounts to cover:
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1. The cooperative charge under the cooperative occupancy agreement
including payment for real estate taxes and public assessments on the
home;
2. Principal and interest on initial debt incurred to finance purchase of
cooperative membership shares and any refinancing of such debt;
3. Home insurance
4. The PHA utility allowance for the home; and
5. Principal and interest on debt incurred to finance major repairs,
replacements or improvements for the home. If a member of the family is
a person with disabilities for the home. If a member of the family is a
person with disabilities, such debt may include debt incurred by the
family to finance costs needed to make the home accessible for such
person, if the housing authority determines that allowance of such costs as
homeownership expenses is needed as a reasonable accommodation so
that the homeownership options is readily accessible to and usable by
such person.
E. If the home is a cooperative or condominium unit, homeownership expenses
may also include cooperative or condominium operating charges or
maintenance fees assessed by the condominium or cooperative homeowner
association.
F. The Evansville Housing Authority will pay homeownership assistance
payments directly to the lender on behalf of the family unless the lender does
not want the payment to be made directly to them. If there is any excess
assistance, it will be paid to the family.
G. Homeownership assistance for a family terminates automatically 180 calendar
days after the last housing assistance payment on behalf of the family.
However, the Evansville Housing Authority retains the discretion to grant
relief from this requirement in those cases where automatic termination would
result in extreme hardship for the family.
HOMEOWNERSHIP PORTABILITY (24 CFR 982.636, 982.353(B) 982.552 &
982.553)
A. A family may qualify to move outside the initial Evansville Housing
Authority jurisdiction with continued homeownership assistance under the
voucher program.
Families determined eligible for homeownership
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278
assistance by the Evansville Housing Authority may purchase a unit outside
our jurisdiction, if:
1. They meet our normal requirements for portability under the rental
program;
2. The receiving housing authority is administering a voucher
homeownership program and the family meets the receiving housing
authority’s eligibility requirements; and
3. The receiving housing authority is accepting new homeownership
families.
B. Conversely, if the Evansville Housing Authority has slots open in our
homeownership program we will accept homeowners exercising portability
from another program and absorb such families if possible.
C. In general, the portability procedures described previously in this
Administrative Plan apply to the homeownership option. The administrative
responsibilities of the initial and receiving housing authorities are not altered
except that some administrative functions (e.g. issuance of a voucher or
execution of a tenancy addendum) do not apply to the homeownership
option.
D. The family must attend the briefing and counseling sessions required by the
receiving housing authority. The receiving housing authority will determine
whether the financing for, and the physical condition of the unit, are
acceptable. The receiving housing authority must promptly notify the initial
housing authority if the family has purchased an eligible unit under the
program. Or if the family is unable to purchase a home within the maximum
time established by the housing authority.
E. If the tenant should relocate to another PHA jurisdiction while a currently
enrolled in the EHA Housing Choice Voucher Homeownership Program, the
tenant must be aware that any monies for down payment assistance will not
be transferable.
MOVING WITH CONTINUED TENANT-BASED ASSISTANCE
A.
A family receiving homeownership assistance may move to a new unit with
continued tenant-based assistance. The family may move either with
voucher rental assistance (in accordance with rental assistance program
requirements) or with voucher homeownership assistance (in accordance
with homeownership option program requirements). The Evansville
Housing Authority will not commence continued tenant-based assistance
for occupancy of the new unit so long as any family member owns any title
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279
B.
or other interest in the prior home. (No more than one (1) move per year
may occur in the program.)
The Evansville Housing Authority must be able to determine that all initial
requirements have been satisfied if a family that has received
homeownership assistance wants to move to a new unit with continued
homeownership assistance. However, the following requirements do not
apply:
1. The requirement for pre-assistance counseling is not applicable.
2. The requirement that a family must be a first time homeowner is not
applicable.
C.
The Evansville Housing Authority may deny permission to move with
continued assistance in the following circumstance:
1.
The Evansville Housing Authority may deny permission to move with
continued rental or homeownership assistance if the housing authority
determines that it does not have sufficient funding to provide
continued assistance.
DENIAL OR TERMINATION OF ASSISTANCE FOR FAMILIES (24 CFR 982.638)
A.
At any time, the Evansville Housing Authority may deny or terminate
homeownership assistance in accordance with the same rules at it utilizes
for the rental program.
B.
The same restrictions on admission or continued assistance in regards to
criminal activities shall apply to the homeownership program as the rental
program.
C.
The Evansville Housing Authority may deny or terminate assistance for
violation of participant obligations as previously described for the rental
program.
D.
A family’s homeownership assistance may be changed in the month
following annual recertification of the household income, but participation
in the Housing Choice Voucher Homeownership program shall continue
until such time as the assistance payment amounts to $0.00 for a period of
six (6) consecutive months.
E.
Homeownership assistance will only be provided while the family resides in
the home. If the family moves out of the home, EHA will not continue
homeownership assistance commencing with the month after the family
moves out. Neither the family nor the lender is obligated to reimburse
the EHA for homeownership assistance paid for the month the family
moves out.
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280
F.
The PHA shall terminate voucher homeownership assistance for any
member of family receiving homeownership assistance that is
dispossessed from the home pursuant to a judgment or order of
foreclosure on any mortgage (whether FHA insured or non FHA)
securing debt incurred to purchase the home, or any refinancing of
such debt. The Evansville Housing Authority, in its discretion, may
permit the family to move to a new unit with continued voucher rental
assistance if the family can show that the default was for reasons
beyond its control. However, the housing authority will deny such
permission, if:
1. The family defaulted on an FHA insured mortgage; and
2. The family fails to demonstrate that:
a. The family has conveyed title to the home, as required by HUD,
to HUD or HUD’s designee; and
b. The family has moved from the home within the period
established or approved by HUD
LEASE-TO-PURCHASE
Lease-to-Purchase agreements are considered rental property and subject to the
Section 8 tenant-based assistance rules. All regulations of the Homeownership
program will become effective at the time that the family exercises the option to
use a homeownership voucher.
INFORMAL HEARING
An informal hearing will be provided for participants who are being terminated
from the Program because of the family’s action or failure to act as provided in 24
CFR 982.552. The rules and procedures set forth in the HCV Administrative
Plan, entitled “Complaints and Appeals” in Chapter 19.
DEFAULT
If the family defaults on the home mortgage loan, the participant will not be
able to use the Homeownership Voucher for rental housing but, may reapply
for the HCV tenant-based waiting list when it is open.
RECAPTURE OF HOMEOWNERSHIP ASSISTANCE (24 CFR 982.640)
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281
EHA will not recapture the Homeownership Voucher payments unless there was
an act of fraud or misrepresentation of a material fact in order to obtain a benefit.
The HCV Homeownership recapture provision does not apply to any other
program funds that may be used in the transaction
Waiver or Modification of Homeownership Policies- the Executive Director of
EHA shall have the discretion to waive or modify any provision of the Housing
Choice Voucher Homeownership program or policies not governed by statute or
regulation for good cause or to comply with changes in HUD regulations or
directives
FREQUENLY ASKED QUESTIONS
REGARDING USAGE OF HOUSING CHOICE VOUCHERS
FOR HOMEOWNERSHIP
What is Housing Choice Voucher Homeownership Program?
The Housing Choice Voucher Homeownership program of the Evansville Housing
Authority (EHA) permits eligible participants of the Housing Choice Voucher program,
including participants with portable vouchers, the option of purchasing a home with their
Housing Choice Voucher rather than renting.
What are the eligibility requirements?
In order to be eligible, the individual or family must:
 have a Housing Choice Voucher issued by the Evansville Housing
Authority
 not owe EHA or any other Housing Authority and outstanding debt
 meet family eligibility requirements as follows:
A. be a first-time homeowner or have a member who is a person with
disabilities;
B. with the exception of elderly and disabled households, meet a
minimum income requirement without counting income from ”welfare
assistance” sources;
C. with the exception of elderly and disabled households, meet the
requisite employment criteria;
D. have fully repaid any outstanding debt owed to the EHA or any other
Housing Authority;
E. not defaulted on a mortgage securing debt to purchase a home under
the homeownership option; and
F. provide a cash down payment of $750.00 or 5% of assets, whichever is
greater
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282
What is the minimum income requirement?
The head of household, spouse or adult family member must have a gross annual income
equal to Federal minimum wage, times 2000 hours (currently $10,300 per year)
What is the employment requirement?
The head of household, spouse or adult family member must (with the exception of
elderly and/or disabled households) be employed full-time, i.e. at least 1560 hours
annually (30 hours per week), and employed continuously for one (1) year prior to
execution of sales agreement
Once determined eligible, what are the family participant requirements?




Complete homeownership counseling program approved by EHA
Locate a home within the specified time (180days)
Submit sales agreement for approval by EHA
Allow EHA to inspect proposed home to assure that dwelling meets Housing
Quality Standards
 Obtain independent inspection(s) covering all major building systems
 Obtain HA approval of proposed mortgage
 Enter written agreement with EHA to comply with family obligations under the
Housing Choice Voucher Program
How do I know if I’m ready for HOMEOWNERSHIP?
Owning a home is a big responsibility. It is important that you understand the
responsibilities before you look at being a homeowner. If you plan to participate in the
EHA homeownership Program, it is mandatory that you complete and approve
homeownership counseling course prior to purchasing a home. You also need to clear
any credit problems and begin saving money so that you will be able to make a down
payment.
What kind of paperwork must I complete?
When you purchase a home, there is a lot of paperwork which must be completed. Some
of the paperwork provided EHA, the lender and real estate professional with the
information they need to make sure you are able to financially purchase a home. Some of
the paperwork ensures that you are treated professionally and are protected. It is very
important that the information you provide is accurate, complete and submitted quickly.
Make sure you understand any documents you sign and do not hesitate to ask the lender,
real estate professionals, and others any questions which help you clarify the process.
Can my family help me buy the home?
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283
In most cases, your family can help you purchase a home. Assisting with a down
payment or other expenses or co-signing/co-borrowing on the loan may be possible.
However, it is important to understand the under Housing Choice regulations, a nonoccupying co-borrower cannot own interest in the home.
Am I limited as to how much I pay for a home?
The amount you are able to pay for a home depends on your total income and resources.
The mortgage lender will consider your total income, your Housing Choice Voucher
assistance, and may consider other assistance you are receiving form a family member or
agency. The lender will pre-qualify you for a loan based on income and other financial
information. It is important to have this pre-qualification letter before you begin
shopping for a home.
How long will I continue to receive Housing Choice Voucher assistance if I
participate in the Homeownership Program?
Provided that your family complies with Family Obligations, you may receive Housing
Choice homeownership assistance for 10 or 15 years, depending on individual financing.
Participation ends, however, when the assistance amount is zero dollars ($0.00) for a
period of six consecutive months. Elderly and disabled families are not subject to the
10/15 year maximum term of assistance. You must be compliant with the rules and
regulations and must remain qualified in income requirements. It’s important to
understand that you are responsible for the full mortgage payment if your Section 8
payment is terminated for any reason.
Will I still have a Housing Choice recertification each year?
Yes. You will still need to submit all the paperwork for recertification each year and you
will have to continue to conform to all the statements in the Statement of Homebuyer
Obligations which you sign prior to purchasing a home.
What happens if I do not make the mortgage payments? Will I still be able to
participate in the Housing Choice Voucher program?
If a family defaults on mortgage, the EHA may permit the family to move with continued
Housing Choice Voucher assistance providing the family has demonstrated that it has
timely conveyed title of the home to HUD or its designee in the case of an FHA-insured
mortgage. If the lender is not an FHA-insured lender, EHA will evaluate each situation
on a case by case basis.
What happens to my home if I die?
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284
This is complicated question because much depends on individual circumstances.
Currently, the HUD Homeownership rule states; “ Upon death of a family member who
holds, in whole or in part, title to the home or ownership of cooperative membership
shares for the home, homeownership assistance may continue pending settlement of the
decedent’s estate, notwithstanding transfer or title by operation of law to the decedent’s
executor of legal representative, so long as the home is solely occupied by remaining
members of the family in accordance with Housing Choice voucher regulations.”
Can I have a roommate?
No. Under the standard Family Obligations for use and occupancy on the voucher
program, no other person except members of the assisted family may reside in the unit
except for a foster
Can I sell my home?
Yes, however, all sales must be approved by EHA and depending on the circumstances,
you may be subject to other recaptures of assistance payments if you sell or refinance the
loan.
Am I responsible for other expenses incurred as a result of purchasing a home?
Yes. You are responsible for all monthly homeownership expenses (i.e. homeownership
association dues, property taxes, insurance and all maintenance repairs) that you may
have as any non-assisted homeowner.
Can I purchase a manufactured home?
Yes, however the home must meet certain standards and being permanently attached to a
foundation is one of them. Lenders will also consider the age and condition of the home.
Can I purchase a new construction home?
Yes, however ground must have been broken on the home (basement or slab constructed)
before the date that you put a contract on the home.
Do I have to have good credit?
You can’t have bad credit! If you do, the homeownership counselor can instruct you on
how to clean up your credit record. However, you may have never established a
traditional credit record and that’s okay, but the lender needs to know if you pay your
bills on time. The lender will review your record of making timely rent, utility and other
payments. This is called alternate credit.
APPENDIX A
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285
HCV HOME OWNERSHIP OBLIGATIONS
This form is to be signed by the home buyer(s) in the presence of the Housing
Authority of Evansville (EHA) Home Ownership Program Coordinator. The
Coordinator will explain any and all clauses which you, the home buyer(s), may
not understand.
The following paragraphs describe your responsibilities under the HCV Home
Ownership Program. If you or members of your household do not meet these
responsibilities, through your actions or your failure to act, you may be terminated
from the HCV Home Ownership Program.
1. Family Obligations: You must comply with all Family Obligations of the
Housing Choice Voucher Program, excepting only the prohibition against owning
or having an interest in the unit.
2. Housing Counseling: All participating family members (i.e. those signing the
purchase offer and loan documents) must satisfactorily complete an EHA
provided or approved counseling program prior to commencement of home
ownership assistance. EHA may require any or all participating family members
to attend additional housing counseling classes as a condition of continued
assistance.
3. Purchase Contract: You must include contract conditions in any Offer to
Purchase that give EHA a reasonable time (a) to inspect the home for compliance
with HUD’s Housing Quality Standards; (b) to review and approve a professional
home inspection report obtained by you from a EHA approved inspector; and (c)
approve the terms of your proposed financing. Advise your Realtor of these
requirements.
4. Mortgage Obligations: You must comply with the terms of any mortgage
incurred in the purchase of the property and must notify EHA’s Home Ownership
Program Counselor within five (5) days of receipt of any late payment or default
notice.
5. Occupancy: You must occupy the unit as your principal residence. You may
not transfer, sell, or assign any interest in the property without EHA’s prior
written consent. You may not rent or lease any part of the premises without
EHA’s prior written consent. You must notify EHA in writing at least 30 days
prior to moving out of the house for a period of 30 days or longer or prior to any
sale, transfer, assignment, lease or other form of alienation of the assisted
property.
6. Maintenance: You must maintain the property in a decent, safe and sanitary
manner. You must allow EHA to inspect the property within one-week of a
demand by EHA to conduct an inspection. You must correct any notice of
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286
deficiency issued by EHA within the time limit specified in the notice. If you fail
to adequately maintain the property, EHA may divert the maintenance and
replacement reserves portions of the Home Ownership Assistance Payment to an
escrow account to be used to pay for reasonable and necessary maintenance
expenses.
7. Annual Re-examination: You must at least annually provide EHA with
current information regarding family income and composition in a format
required by EHA.
8. Refinancing: You must notify EHA in writing of any proposal to refinance the
original purchase mortgage or of any proposal to encumber the property with
secondary financing and obtain EHA’s written approval of such financing prior to
executing any loan documents.
9. Default: In the event of a default on your mortgage obligation, you must
cooperate with EHA and the lender to minimize any loss to the lender in order to
maintain your eligibility to continue as a participant in the Housing Choice
Voucher Program.
By signing below, I attest that I have read and understood my obligations as a
participant in the HCV Home Ownership Program and I agree to abide by these
responsibilities. I understand that EHA may terminate my home ownership
assistance if I violate any of these obligations, but that I may request an informal
review of any proposed notice of termination prior to it becoming effective.
_____________________
Participant’s Name (Print)
______________________
Participant’s Signature
________
Date
______________________
Participant’s Name (Print)
_______________________
Participant’s Signature
________
Date
Witnessed by:
______________________________________ __________________
Housing Authority Representative
Date
Original: File; Copy: Participant
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287
AUTHORIZATION TO RELEASE INFORMATION
I __________________________________, give my permission
for the following agencies to exchange any necessary information
regarding my involvement in the Housing Choice Voucher
Homeownership Program:
Hope of Evansville (H.O.P.E.)
Lender: __________________________
Inspector: ________________________
Real Estate Agent: _________________
Other: ___________________________
This information may include but is not limited to financial, credit
and employment information.
___________________________
Participant Signature
___________________________
Participant Signature
___________________________
EHA Staff Signature
HCVP Administrative Plan
_____________
Date
______________
Date
______________
Date
288
CHAPTER 23
PROGRAM INTEGRITY ADDENDUM
[24 CFR 792.101 to 792.204, 982.54]
CHAPTER OVERVIEW
HUD conservatively estimates that 600 million dollars is paid annually to program
participants who falsify or omit material facts in order to gain more rental assistance than
they are entitled to under the law. HUD further estimates that 12% of all HUD-assisted
families are either totally ineligible, or are receiving benefits which exceed their legal
entitlement. The EHA is committed to ensuring that the proper level of benefits is paid to
all participating families, and that housing resources reach only income-eligible families
so that program integrity can be maintained.
EHA maintains its credibility with applicant and participant families, owners, HUD, and
the larger community by enforcing program requirements. When families, owners, or
EHA employees fail to adhere to program requirements, EHA must take appropriate
action. The action that is appropriate depends on the particular case of circumstances.
The EHA will take all steps necessary to prevent fraud, waste, and mismanagement so
that program resources are utilized judiciously. This chapter first discusses the important
differences between program errors and omissions and fraud and abuse. It also identifies
various ways EHA can prevent and detect errors and abuses, discusses corrective action
methods and outlines EHA’s policies for the prevention, detection and investigation of
program abuse, and fraud.
1. DISTINGUISHING BETWEEN ERRORS OR OMISSIONS AND FRAUD AND
ABUSE
This chapter uses the terms “error” and “omission” to identify situations in which a
family or owner does not comply with program requirements or staff members
incorrectly apply program rules. An error or omission may be intentional or
unintentional. Some will affect family payment and subsidy amounts; others will not.
It is important that EHA carefully analyze the unique circumstances of the case to
determine how to best handle the situation. Errors or omissions that affect the
family’s payment, subsidy amount or the regular flow of housing assistance payments
should be a high priority.
“Fraud” and “abuse” mean a single act or pattern of actions made with the intent to
deceive or mislead, constituting a false statement, omission, or concealment of a
substantive fact. Fraud and abuse result in the payment of housing choice voucher
program funds in violation of program requirements. It often occurs when families or
owners intentionally fail to report required information or report incorrect information
to obtain benefits to which they are not entitled. Fraud is a legal term that involves
taking legal action to pursue a remedy of the situation, such as terminating program
assistance.
It is important that EHA staff recognize the differences between unintentional and
intentional misreporting. Particularly in cases of intentional misreporting, EHA staff
HCVP Administrative Plan
289
must be able to evaluate the special circumstances and seriousness of the case to
determine whether it is a case of fraud. EHA has established policies and procedures
for fair and consistent treatment of cases of intentional misreporting, abuse, and
fraud. This policy clearly defines circumstances under which a family or owner
would be terminated from the program, but also allows the EHA to consider
mitigating circumstances before terminating, is best.
2.
CRITERIA FOR INVESTIGATION OF SUSPECTED ABUSE AND FRAUD
Under no circumstances will the EHA undertake an inquiry or an audit of a
participating family arbitrarily. The EHA’s expectation is that participating families
will comply with HUD requirements, provisions of the voucher, and other program
rules. The EHA staff will make every effort (formally and informally) to orient and
educate all families in order to avoid unintentional violations. However, the EHA has
a responsibility to HUD, to the community, and to eligible families in need of housing
assistance, to monitor participants and owners for compliance and, when indicators of
possible abuse come to the EHA’s attention, to investigate such claims.
The EHA will initiate an investigation of a participating family only in the event of
one or more of the following circumstances:

Referrals, Complaints, or Tips. The EHA will follow up on referrals from other
agencies, companies or persons which are received by mail, by telephone or in
person, which allege that a family is in noncompliance with, or otherwise
violating the family obligations or any other program rules. Such follow-up will
be made providing that the referral contains at least one item of information that is
independently verifiable. A copy of the allegation will be retained in the family’s
file.

Internal File Review. A follow-up will be made if EHA staff discovers (as a
function of a certification or recertification, an interim re-determination, or a
quality control review), information or facts which conflict with previous file
data, the EHA’s knowledge of the family, or is discrepant with statements made
by the family.

Verification of Documentation. A follow-up will be made if the EHA receives
independent verification or documentation which conflicts with representations in
the family’s file (such as public record information or credit bureau reports, or
reports from other agencies).
3. STEPS THE EHA WILL TAKE TO PREVENT PROGRAM ABUSE AND FRAUD
The management and staff will utilize various methods and practices (listed below) to
prevent program abuse, noncompliance, and willful violations of program rules by
applicants and participating families. This policy objective is to establish confidence and
trust in the management by emphasizing education as the primary means to obtain
compliance by families.
Things You Should Know (HUD-1140-OIG). This program integrity bulletin (created by
HUD’s Inspector General) will be furnished and explained to all applicants to promote
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understanding of program rules, and to clarify the EHA’s expectations for cooperation
and compliance.

Program Orientation Session. Mandatory orientation sessions will be conducted
by the EHA staff for all prospective program participants, either prior to or upon
issuance of a voucher. At the conclusion of all Program Orientation Sessions, the
family representative will be required to sign a “Program Briefing Certificate” to
confirm that all rules and pertinent regulations were explained to him/her.

Resident Counseling. The EHA will routinely provide participant counseling as a
part of every recertification interview in order to clarify any confusion pertaining
to program rules and requirements.

Review and Explanation of Forms. Staff will explain all required forms and
review the contents of all (re)certification documents during the recertification
appointment.
A. Improve Quality of PHA Communications with Families and Owners
“Communications” includes both standard forms used by the EHA to obtain
information from families and owners and information provided to families and
owners about the program. When a PHA communicates well to owners and families,
families and owners are less likely to commit errors, fraud, or abuse because they
have a much better understanding of program requirements and the PHA’s
expectations of them.
1.
Obtaining Information from Families
The quality and thoroughness of the process for obtaining eligibility information from
families is a critical factor in error prevention. For example:



2.
Face-to-face eligibility and recertification interviews that are conducted by trained
staff in a private setting may increase the ability of the PHA staff person to collect
information from the family that is both accurate and comprehensive.
Well-designed forms also help staff to collect all required information. EHA has
designed recertification and admission forms that require very specific and
detailed information, including the recording of negative responses from families
about income and assets to avoid inadvertently forgetting to ask these key
questions. Some forms include questions to ensure that enough information is
obtained to be able to annualize the income.
EHA requires staff to complete the admission and recertification forms while the
family is present to reduce the likelihood of tenant error due to misreading,
misinterpreting, or simply not understanding the question being asked.
Providing Information to Families and Owners
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Too often forms and certifications that the family must sign at application, admission,
and recertification are hastily read or explained, putting the family members at risk of
signing an important document which they do not fully understand. EHA staff should
always highlight the key contents of a document before obtaining signatures on the form.
Likewise, staff should consider a detailed review of the contents of the HAP contract
with the owner, particularly those who are new to the program. Staff should be aware of
potential language barriers and attempt to accommodate the family or owner.
Participants are given a sample copy of any documents they have signed. These
documents are part of the contractual agreement with the participant and may be used if it
becomes necessary to take legal action based on the participant’s violation of a program
requirement.
Through participant and owner briefings, the admission and recertification processes,
annual HQS inspections, and other oral or written communication, the PHA must
regularly ensure that it fully informs families and owners about program requirements
and EHA’s expectations. This means that staff must be fully informed of these
requirements and obligations.
EHA is committed to preventing program abuse and regularly inform or remind families
of requirements and obligations. Opportunities for informing families include: at the time
of application, at briefing and issuance, during the housing search and leasing process, at
the inspection phase, and during annual or interim recertification. At a minimum, the
EHA must discuss the following with the family:




Legal requirement to fully disclose income, assets, and family composition;
Prohibition of making illegal side payments to the owner;
Requirement to report interim changes in family composition; and
EHA right to terminate assistance due to misrepresentation by the family.
At a minimum, EHA is responsible for explaining to owners their legal responsibility to
adhere to the program requirements as contained in the HAP contract. EHA routinely
goes over these requirements with the owner at the time of HAP contract execution.
However, it is important to regularly send a message to owners regarding the EHA’s
commitment to prevent and eliminate program abuse. These messages are sent using
various mediums. For example, EHA can use landlord fairs, special owner workshops or
training, a newsletter or marketing pieces in a landlord newsletter, and special mailings to
reinforce the EHA’s intent to maintain program integrity and pursue owners that fail to
comply with program requirements.
At a minimum, EHA discusses program responsibilities and prohibitions against abusing
the program with employees when they are hired. In addition, the EHA should use
messages it sends to families and owners regarding the EHA’s intent to eliminate abuse
to educate and inform employees.
B. Review Family History Prior to Interim or Annual Recertification
Another approach to preventing and detecting family errors and omissions is to
carefully review the information reported at the most recent prior examination before
meeting with the client for an interim or annual recertification. This procedure helps
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the staff person conducting the interview to determine whether the differences being
reported are due to legitimate changes or intentional or unintentional misreporting.
C. Identify and Monitor “At Risk” Families
Some families, due to a lack of stable income or frequent changes in family
composition, may be more at risk of (intentionally or unintentionally) misrepresenting
income or family composition. By identifying who these families are and instituting
procedures to monitor their cases, the EHA may prevent or more quickly detect and
stop program abuse. One possibility is to require that these families be reexamined
more frequently than annually. In cases where doubt exists, the EHA may attempt to
verify family composition in connection with the annual or a special HQS inspection.
By identifying and monitoring “at-risk” or “error-prone” cases, the EHA uses
selective action techniques to target administrative resources where they will have the
greatest payoff.
D. Conduct Special Marketing to Promote EHA’s Intent to Eliminate Program Abuse
EHAs deliver reform messages through various media channels as a means to educate
landlords, families, and the larger community on their commitment to preventing and
eliminating program abuse. Actions include sending a letter to participating families
emphasizing HUD’s and the EHA’s intent to eliminate program abuse, hanging
posters in the EHA waiting room and other public areas, conducting public services
announcements, and speaking at public and neighborhood association meetings and to
various advocacy groups.
E. Rotate Staff Assignments and Caseloads
By rotating staff assignments and caseloads, managers can foster uniform and
consistent
interpretation of program requirements and prevent the possibility of program abuse.
For
example, if an employee is giving special treatment to a family or owner, this
situation can be detected if the employee’s caseload is taken over by another staff
member. Rotating caseloads also helps to identify and resolve inconsistencies
regarding how cases are being processed and how rules are interpreted.
F. Careful Design of Participant Interim Reporting Requirements
EHA has discretion in designing interim recertification requirements that minimize
family reporting burdens and reduce opportunities for error, both on the part of the
family and the EHA. HUD rules require interim reporting of changes in household
composition only. In developing an interim reporting policy, the EHA also strive for
simplicity. A family will easily remember if it is required to report all changes or no
changes; any qualifications to the message will decrease the prospects for
compliance.
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4. STEPS THE EHA WILL TAKE TO DETECT PROGRAM ABUSE AND
FRAUD
The EHA staff will maintain a high level of alertness to indicators of possible abuse
and fraud by assisted families.

Quality Control File Reviews. Prior to initial certification, and at the completion
of all subsequent recertification, each participant file will be reviewed. Such
reviews shall include, but are not limited to:
 Assurance that verification of all income and deductions is present.
 Changes in reported Social Security Numbers or dates of birth.
 Authenticity of file documents.
 Ratio between reported income and expenditures.
 Review of signatures for consistency with previously signed file documents.
 All forms are correctly dated and signed.
 Observation. The EHA management and occupancy staff (to include inspection
personnel) will maintain high awareness of circumstances which may indicate
program abuse or fraud, such as unauthorized persons residing in the household
and unreported income. Observations will be documented in the family’s file.
 Public Record Bulletins. May be reviewed by management and staff.
 State Wage Data Record Keepers. Inquiries to State Wage and Employment
record keeping agencies as authorized under Public Law 100-628, the Stewart B.
McKinley Homeless Assistance Amendments Act of 1988, may be made annually
in order to detect unreported wages or unemployment compensation benefits.

Credit Bureau Inquiries. Credit Bureau inquiries may be made (with proper
authorization by the participant) in the following circumstances:

When an allegation is received by the EHA wherein unreported income
sources are disclosed.

When a participant’s expenditures exceed his /her reported income and no
plausible explanation is given.
5. THE EHA’S HANDLING OF ALLEGATIONS OF POSSIBLE ABUSE
ANDFRAUD
The EHA staff will encourage all participating families to report suspected abuse
to the Housing Specialist. All such referrals, as well as referrals from community
members and other agencies, will be thoroughly documented and placed in the
participant’s file. All allegations, complaints and tips will be carefully evaluated
in order to determine if they warrant follow-up.
The Housing Specialist will not follow up on allegations which are vague or otherwise
nonspecific. Only allegations which contain one or more independently verifiable facts
will be reviewed.
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6. FILE REVIEW
An internal file review will be conducted to determine:

If the subject of the allegation is a client of the EHA and, if so, to determine
whether or not the information reported has been previously disclosed by the
family.

It will then be determined if the EHA is the most appropriate authority to do a
follow-up (more so than police or social services). Any file documentation of
past behavior as well as corroborating complaints will be evaluated.
A. Conclusion of Preliminary Review
If, at the conclusion of the preliminary file review, there is/are fact(s) contained in the
allegation which conflict with file data, and the fact(s) are independently verifiable, the
Housing Specialist will initiate an investigation to determine if the allegation is true or
false.
7. CORRECTIVE ACTION: ERRORS AND OMISSIONS
EHA must take immediate action to correct the family payment and subsidy amount
and, in some cases, to move the family to a new unit. An amendment to the lease and
HAP contract must reflect any changes to family payment and subsidy. An
amendment can be in the form of a notice to the participant and owner. Unless the
owner requires a new lease, execution of a new HAP contract and lease is not
required.
A.
When Family Payment Is Incorrectly Established Too High
When the family payment is incorrectly set too high, the family pays more for rent
and utilities than it should under the program. As a result, the amount the EHA pays
to the owner in the form of a housing assistance payment is too low.
In cases where the error or omission is the fault of the EHA, EHA will immediately
refund the total amount due to the family. Such reimbursement would come from the
EHA’s administrative fee reserves. If the family owed the landlord rent, the EHA,
depending upon the circumstances, may choose to pay the amount due or a portion
thereof directly to the owner on behalf of the family.
In cases where the error or omission is clearly the fault of the family, EHA should not
reimburse the family. Instead, the EHA would process the change immediately and
provide notice to the landlord and family of the effective date of the change. Changes
in the amount of family payment and housing assistance payment should become
effective the month following the discovery.
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B.
When Family Payment Is Incorrectly Set Too Low
When the family payment is incorrectly set too low, the family is receiving more
subsidy than it is entitled to under the program. As a result, EHA is paying too much
to the owner in the form of a housing assistance payment.
In cases where the error or omission is the fault of the EHA, the family and owner are
not responsible for repayment. The EHA must give the family and owner reasonable
notice of the increase in family payment and corresponding decrease in housing
assistance payment. HUD does expect, however, EHA to repay HUD the amount of
overpaid subsidy due to EHA error or omission. The amount owed must be paid out
of administrative fee reserves.
In cases where the error or omission is clearly the fault of the family, the family must
repay the EHA within a reasonable period of time. If the amount owed is not repaid,
the PHA may terminate the family’s assistance. The EHA must process the change
immediately and inform the landlord and family of the effective date of the change.
Increases in the amount of family payment resulting from a family error or omission
become effective retroactively to the time of the reporting error.
C.
Errors Affecting the Size of the Family’s Unit
In cases where an EHA error leads the family to receive subsidy for a larger unit than
the size unit for which it is entitled, the EHA shall immediately encourage the family
to move to a smaller unit. The EHA is obligated to try to find the family reasonable,
alternative housing. If the family refuses to move after the EHA identifies reasonable
alternatives, the EHA must recalculate the family’s subsidy based on the payment
standard for the bedroom size for which it qualifies. EHA must give reasonable notice
to the family and owner of any change in payment. EHA must process the payment
change at the next annual reexamination, if not sooner.
In cases where misrepresentation by the family leads the family to receive subsidy for
a larger unit than the size unit for which it is entitled, the family must repay EHA or
sign a repayment agreement to pay any amount owed. If the amount owed is not
repaid, EHA may terminate the family’s assistance. If EHA decides not to terminate
the family’s assistance, the EHA must immediately adjust the subsidy according to
the payment standard for the appropriate bedroom size and provide the family and
owner reasonable notice of the change. The family is not required to move but if the
family is unable to pay the new amount, it must give appropriate notice to the owner
and PHA and move to a smaller unit.
In cases where EHA error leads the family to receive subsidy for a unit that is smaller
than the size unit for which it is entitled, the EHA must immediately notify the family
and owner of the problem and issue the family a voucher for the appropriate bedroom
size. The EHA is obligated to try to find the family reasonable, alternative housing. If
the family does not locate another unit within this time frame, EHA must terminate
assistance for the family if the unit does not meet the HQS requirements.
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D.
Errors That Require the Owner to Repay HAP Amounts
EHA may discover that the owner is not entitled to the full amount of housing
assistance payments it paid to the owner. For example, EHA may mistakenly pay the
owner the full monthly housing assistance payment twice in one month because of a
record keeping or other error. Another example would be if the owner accepted a
HAP payment for a unit that was not occupied by a housing choice voucher
participant, i.e. the family vacated the unit with or without the knowledge of the
owner. In both of these instances, the owner owes EHA the portion of the housing
assistance payment to which the owner is not entitled.
In most instances, EHA will reclaim the amount due by withholding payment due for
the subsequent month or months until the debt is paid, occasionally, if the debt is
large and not the result of willful abuse, EHA may make an agreement with the owner
for payment in installments over a period of time.
E.
Documenting and Collecting Overpayments and Underpayments
Money owed to the EHA by the family because of overpayments on its behalf may be
collected by requiring a lump-sum payment of the entire amount or by entering into a
repayment agreement. A repayment agreement is a formal document prepared by
EHA and signed by the family, in which the family acknowledges a debt and the
amount owed. The agreement specifies how the amount owed is to be repaid,
including the specific time period(s) when payment is due.
EHA, at its discretion, may offer a family the opportunity to enter into a repayment
agreement to pay amounts owed to EHA, and may prescribe the terms of the
agreement. Although the EHA always has the option of requiring payment of the
entire amount due, if EHA offers a repayment agreement, the terms may not require
prohibitive payments that would force the family to leave the program.
EHA must maintain full and complete documentation of all debt. A suggested
approach for determining and documenting overpayments and underpayments
follows:





Record the data used and steps taken to calculate the incorrect payment;
Record the real data that should have been used and recalculate the payment;
Conduct third party verification of new data;
Compare the recalculated/correct payment to the actual benefits paid;
Record action taken.
F. CORRECTIVE ACTION: FRAUD AND ABUSE
If as a result of its assessment EHA determines that the family, owner, or EHA
employee has abused the program, EHA must take immediate actions to remedy the
situation. EHA may at any time deny program assistance to an applicant or terminate
program assistance for a participant if any family member has committed fraud,
bribery, or any other corrupt or criminal act in connection with any Federal housing
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program. EHA’s actions will vary, depending upon the extent and nature of the abuse.
EHA must determine that a preponderance of evidence demonstrates that the action
taken by the family, owner, or employee was willful and intentional, in order to
terminate assistance on the basis of fraud or abuse.
G. OVERPAYMENTS TO OWNERS
If the landlord has been overpaid as a result of fraud, misrepresentation or violation of
the contract, the EHA may terminate the contract and arrange for restitution to the
EHA and/or family as appropriate.
The EHA will make every effort to recover any overpayments made as a result of
landlord fraud or abuse. Payments otherwise due to the owner may be debited in
order to repay the EHA or the family, as applicable.
8. HOW THE EHA WILL INVESTIGATE ALLEGATIONS OF ABUSE AND FRAUD
If the EHA determines that an allegation or referral warrants follow-up, either the
staff person who is responsible for the file or a person designated by the Executive
Director to monitor the program compliance will conduct the investigation. The steps
taken will depend upon the nature of the allegation and may include, but are not
limited to, the items listed below. In all cases, the EHA will secure the written
authorization from the program participant for the release of information.







Credit Bureau Inquiries (CBIs). In cases involving previously unreported income
sources, a CBI inquiry may be made to determine if there is financial activity that
conflicts with the reported income of the family.
Verification of Credit. In cases where the financial activity conflicts with file
data, a Verification of Credit form may be mailed to the creditor in order to
determine the unreported income source.
Employers and Ex-Employers. Employers or ex-employers may be contacted to
verify wages which may have been previously undisclosed or misreported.
Neighbors/Witnesses. Neighbors and/or other witnesses may be interviewed who
are believed to have direct or indirect knowledge of facts pertaining to the EHA’s
review.
Other Agencies. Investigators, case workers or representatives of other benefit
agencies may be contacted.
Public Records. If relevant, the EHA will review public records kept in any
jurisdictional courthouse. Examples of public records which may be checked are:
real estate, marriage, and divorce, uniform commercial code financing statements,
voter registration, judgments, court or police records, state wage records, utility
records and postal records.
Interviews with Head of Household or Family Members. The EHA will discuss
the allegation (or details thereof) with the head of household or family member by
scheduling an appointment at the EHA’s Leased Housing Office. A high standard
of courtesy and professionalism will be maintained by the EHA staff person who
conducts such interviews. Under no circumstances will inflammatory language,
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accusation, or any unprofessional conduct or language be tolerated by the
management. If possible, an additional staff person will attend such interviews.
9. PLACEMENT OF DOCUMENTS, EVIDENCE AND STATEMENTS
OBTAINED BY THE EHA
Documents and other evidence obtained by the EHA during the course of an investigation
will be considered “work product” and will either be kept in the participant’s file, or in a
separate “work file.” Such cases under review will not be discussed among EHA staff
unless they are involved in the process, or have information which may assist in the
investigation.
10. CONCLUSION OF THE EHA’S INVESTIGATIVE REVIEW
At the conclusion of the investigative review, the reviewer will document the findings to
the Executive Director or designee. It will then be determined whether a violation has
occurred, a violation has not occurred, or if the facts are inconclusive.
A. EVALUATION OF THE FINDINGS
If it is determined that a program violation has occurred, the EHA will review the
facts to determine:




The type of violation (procedural, noncompliance, fraud).
Whether the violation was intentional or unintentional.
What amount of money (if any) is owed by the family?
If the family is eligible for continued occupancy.
B. ACTION PROCEDURES FOR VIOLATIONS WHICH HAVE BEEN
DOCUMENTED
Once a program violation has been documented, the EHA will propose the most
appropriate remedy based upon the type and severity of the violation.
11. PROCEDURAL NONCOMPLIANCE
This category applies when the family “fails to” observe a procedure or requirement
of the EHA but does not misrepresent a material fact, and there is no retroactive
assistance payments owed by the family. Examples of noncompliance violations are:


Failure to appear at a pre-scheduled appointment.
Failure to return verification in time period specified by the EHA.
Warning Notice to the Family: In such cases a notice will be sent to the family which
contains the following:


A description of the noncompliance and the procedure, policy or obligation which
was violated.
The date by which the violation must be corrected, or the procedure complied
with.
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

The action which will be taken by the EHA if the procedure or obligation is not
complied with by the date specified by the EHA.
The consequences of repeated (similar) violations.
12. Procedural Noncompliance - Overpaid Assistance
When the family owes money to the EHA for failure to report changes in income or
assets, the EHA will issue a Notification of Overpayment of Assistance. This Notice
will contain the following:

A description of the violation and the date(s).

Any amounts owed to the EHA.

The right to disagree and to request an informal hearing with instructions for the
request of such hearing.
Participant Fails to Comply with EHA’s Notice. If the participant fails to comply with
the EHA’s notice, and a family obligation has been violated, the EHA will initiate
termination of assistance.
Participant Complies with EHA’s Notice. When a family complies with the EHA’s
notice, the staff person responsible will meet with him/her to discuss and explain the
family obligation or program rule which was violated. The staff person will complete a
Participant Counseling Report, give one copy to the family and retain a copy in the
family’s file.
13. Intentional Misrepresentations
When a participant falsifies, misstates, omits or otherwise misrepresents a material
fact which results (or would have resulted) in an overpayment of housing assistance
by the EHA, the EHA will evaluate whether or not:


The participant had knowledge that his/her actions were wrong, and
The participant willfully violated the family obligations or the law.
Knowledge that the action or inaction was wrong: This will be evaluated by determining
if the participant was made aware of program requirements and prohibitions. The
participant’s signature on various certifications, briefing certificate, personal
declaration(s) and Things You Should Know are adequate to establish knowledge of
wrong-doing.
The participant willfully violated the law. Any of the following circumstances will be
considered adequate to demonstrate willful intent:



An admission by the participant of the misrepresentation.
That the act was done repeatedly.
If a false name or Social Security Number was used.
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



14.
If there were admissions to others of the illegal action or omission.
That the participant omitted material facts which were known to him/her (e.g.,
employment of self or other household member).
That the participant falsified, forged or altered documents.
That the participant uttered and certified to statements at an interim
(re)determination which were later independently verified to be false.
Dispositions of Cases Involving Misrepresentations
In all cases of misrepresentations involving efforts to recover monies owed, the EHA
may pursue, depending upon its evaluation of the criteria stated above, one or more of
the following actions:
Criminal Prosecution: If the EHA has established criminal intent, and the case meets
the criteria for prosecution, the EHA may refer the case to the local State or District
Attorney, notify HUD’s RIGI, and terminate rental assistance. Administrative
Remedies: The EHA may terminate assistance and demand payment of restitution in
full.
15. Case Conference for Serious Violations and Misrepresentations
When the EHA has established that material misrepresentation(s) have occurred, a
Case Conference will be scheduled with the family representative and the EHA staff
person who is most knowledgeable about the circumstances of the case.
This conference will take place prior to any proposed action by the EHA. The
purpose of such conference is to review the information and evidence obtained by the
EHA with the participant, and to provide the participant an opportunity to explain any
document findings which conflict with representations in the family’s file. Any
documents or mitigating circumstances presented by the family will be taken into
consideration by the EHA. The family will be given ten (10) business days to furnish
any mitigating evidence.
A secondary purpose of the Case Conference is to assist the EHA in determining the
course of action most appropriate for the case. Prior to the final determination of the
proposed action, the EHA will consider:
16.
CONFLICT OF INTEREST POLICY
Neither the Authority nor any of its contractors or subcontractors may enter into any
contract or arrangement in connection with any of the Authority’s Section 8 programs
in which any of the following classes of persons has any interest, direct or indirect,
during their tenure or for one year thereafter:
1. Any present or former member or officer of the Authority (except a participant
commissioner);
2. Any employee of the Authority, or any contractor, subcontractor or agent of the
Authority, who formulates policy or who influences decisions with respect to the
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programs (except that program participants may be hired as employees of the
Authority);
3. Any public official, member of a governing body, or State or local legislator, who
exercises functions or responsibilities with respect to the programs; or
4. Any member of the Congress of the United States.
17.
EMPLOYEES WHO ARE ALSO AUTHORITY CLIENTS
An employee of the Authority who is a client or who is related to a client has a
responsibility to avoid any conflict of interest that might lead to unequal treatment.
Therefore, the following procedural standards are to be employed in all such
circumstances.
1. No employees, or their staff if they are a Manager or Supervisor, shall handle
matters related to their own cases or to the cases(s) of member(s) of their family.
2. Employees of the Leased Housing Department shall be responsible for reporting
to the Director of Human Resources and the Director of Leased Housing any
potential or actual conflict of interest. If the employee is unsure whether or not a
conflict of interest exists, the employee shall refer the matter to the Director of
Human Resources and the Director of Leased Housing for a determination. It
shall be the responsibility of the Director of Leased Housing to ensure that any
actions or decisions taken within the Leased Housing Department affecting any
employee’s participant status or the participant status of an employee’s relative
are in accordance with all applicable policies and procedures. It shall be the
responsibility of the Director of Housing Management to ensure that any actions
or decisions taken within the Eligibility Department affecting any applicant’s
status or the applicant status of an employee’s relative are in accordance with all
applicable policies and procedures. Both Directors shall ensure that the employee
or employee’s relative
shall neither suffer any loss of benefit nor receive any gain of benefits as a result,
direct or indirect, of her/his employment at the Authority or her/his relationship to
an Authority employee.
As such:
A. Any time action is taken or a decision is made which affects the applicant or
participant status of an Authority employee or a relative of an Authority employee
in any way, all Authority paperwork must be received and signed by the
appropriate Director before the action or decision becomes effective.
B. Each initial determination of eligibility and each selection to a program of an
Authority employee or a relative of an Authority employee shall be forwarded
from the Director of Housing Management to the Executive Office for review and
final approval. A certification by the Director of Housing Management shall
accompany the file to the Executive Office stating that all determinations and
actions taken have been reviewed pursuant to applicable policies and procedures
.
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18. DISCLOSURE
Member of the classes listed below must disclose their interest or prospective interest
to the Authority and HUD as follows:
Relation to
Authority
EHA Board
Members
All Executive
Office Staff
All Directors
All HCV Staff
All PH Staff
All MIS Staff
All Finance
Staff
Contractors
Sub-contractors
Agents of the
Authority
Disclosure Required
Statement of Economic Interests
EHA Statement of Employee and
Familial Participation in Housing
Authority Programs
Statement of Economic Interests
EHA Statement of Employee and
Familial Participation in Housing
Authority Programs
Disclosure
Frequency
Annually
Annually
Upon contract with
EHA, annually
thereafter
Upon contract with
EHA, annually
thereafter
19. DISCIPLINARY PROCEDURES
It is the policy of the Authority to operate all of its programs in an ethical manner and
in such a way that no group or individual shall have an unfair advantage in the receipt
of the Authority’s programs and services. The Authority will vigorously investigate
any suspected violation of its Conflict of Interest policies and will cooperate with
HUD’s Office of Inspector General, local and Housing Authority police and any other
appropriate bodies when conducting investigations of suspected violations.
Appropriate penalties shall be determined for each individual case. Available
penalties include:
a.
b.
c.
d.
e.
f.
Written reprimand;
Suspension;
Probation;
Demotion;
Termination; and
Criminal Prosecution.
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20. WAIVER CONFLICT OF INTEREST PROVISIONS
The conflict of interest prohibitions detailed under this section may be waived for
good cause by the HUD field office.
21. GIFT POLICIES
The Leased Housing Department utilizes the Evansville Housing Authority’s Gift
Policy.
22. DISCIPLINARY PROCEDURES
It is the policy of the Authority to operate all of its programs in an ethical manner and
in such a way that no group or individual shall have an unfair advantage in the receipt
of the Authority’s programs and services. The Authority will vigorously investigate
any suspected violation of its Gift Policy and will cooperate with HUD’s Office of
Inspector General, local and Housing Authority police and any other appropriate
bodies when conducting investigations of suspected violations. Appropriate penalties
shall be determined for each individual case. Available penalties include:
a.
b.
c.
d.
e.
f.
Written reprimand;
Suspension;
Probation;
Demotion;
Termination; and
Criminal Prosecution.



The duration of the violation and number of false statements.
The family’s ability to understand the rules.
The family’s willingness to cooperate, and to accept responsibility for their
actions.
The amount of money involved.
The family’s past history.
Whether or not criminal intent has been established.



23. Notification to Participant of Proposed Action
The EHA will notify the family by certified mail and by regular mail of the proposed
action no later than five (5) business days after the Case Conference.
24. PHA Administrative Remedies
A. Possible Remedies for Abuse by the Family
If the family is ineligible for housing choice voucher program assistance, the EHA must
terminate the family’s assistance. See Chapter 15.
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If EHA paid too much subsidy on the family’s behalf because of discrepancies in
information furnished by the family and if the EHA has sufficient evidence that the family
intentionally misrepresented its circumstances, EHA must pursue debt collection and
may terminate assistance.
If the family executes but then breaches an agreement with EHA to pay amounts owed,
EHA may terminate assistance for the family.
EHA has the discretion to consider all of the circumstances in each case when
determining whether or not to deny or terminate assistance because of action or failure to
act by members of the family. EHA should consider the seriousness of the case, any
special circumstances surrounding the case, the extent of participation or culpability of
individual family members, any mitigating circumstances such as those related to the
disability of a family member, and the effects of denial or termination of assistance on
other family members who were not involved in the action or failure.
As a condition of continued assistance for other family members, the EHA may impose a
requirement that family members who participated in or were culpable for the action or
failure will not reside in the unit. The EHA may permit the other members of a
participant family to continue receiving assistance. If the family includes a person with
disabilities, the EHA decision concerning such action is subject to reasonable
accommodation considerations.
Before taking action against a family for any perceived abuse related to the amount of
assistance paid, the EHA should carefully review documentation and calculations in the
file and ensure there are no file errors that may later complicate EHA’s charge of abuse.
B. Possible Remedies for Abuse by Owners
EHA may immediately abate payment and subsequently terminate the HAP contract.
When this occurs, EHA must issue the family a new housing choice voucher and assist
the family to locate another unit.
If the owner was collecting side payments, EHA must notify the owner to immediately
cease collecting these payments and require repayment to the family through EHA of the
full amount illegally collected. EHA must determine if the owner also collected side
payments from other participants and follow-up to require payment. The amount can be
repaid by offsetting the amount due against future housing assistance payments. EHA
may, at its discretion, terminate the affected HAP contract immediately, even if the owner
has repaid amounts due the family; but it must cancel the HAP contract if the owner fails
to repay the family.
If the owner’s unit contains HQS violations and the owner fails to correct the deficiencies
cited by EHA within the time allotted, EHA must immediately abate payment and
subsequently terminate the contract. However, EHA should not terminate the HAP
contract until the family moves or has been given reasonable time to find another unit.
If the owner has allegedly discriminated against the housing choice voucher family, the
PHA must provide assistance to the family, as follows:
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305


EHA must inform the family of its rights under federal, state, and local law,
including the right to file a formal complaint under one or more of these laws.
If the family wishes to file a complaint under Title VIII of the Civil Rights Act
of 1968, the EHA must assist the family in completing form HUD-903,
Discrimination Complaint, or refer the Family to the local fair housing
organization or HUD Field Office of Fair Housing and Equal Opportunity.
If EHA determines that the owner has committed a very serious program abuse or more
than one of the offenses described above, EHA may restrict the owner from future
participation in the program for a reasonable period of time commensurate with the
offense’s seriousness.
C. Possible Remedies for Abuse by Employees
If EHA determines that any employee has abused the program, it must take whatever
action is appropriate under its personnel policies and law. Actions may include putting
the employee on probation, giving the employee a poor performance evaluation,
requiring the employee to take leave without pay, terminating the employee, and/or filing
a criminal complaint.
HUD will consider a pattern of substantial administrative deficiencies on the part of EHA
a substantial default under the ACC, and will take appropriate action against the EHA in
such cases.
25. Referrals for Prosecution of Purposeful Misreporting
If the EHA has reason to believe (preponderance of evidence) that the participant’s or
owner’s abuse of the program was willful or intentional, EHA may refer the cases to
the appropriate HUD Special Agent in Charge (SAC) for investigation and possible
criminal prosecution. The EHA may also pursue remedies under state or local law,
with an information copy to the appropriate RIGI. Cases sent to RIGI for
investigation should contain, at a minimum, the following information:






Name and address of subject(s);
Synopsis of alleged abuse, violation, intentional misrepresentation, or fraudulent
activity, including the source of the information;
Identity and address of known witnesses or persons having knowledge of the
allegation(s);
Known or suspected period during which alleged offense(s) occurred;
Known or suspected monetary loss;
Findings of EHA or any corrective or administrative actions or sanctions taken
by EHA; Indication of whether the matter has been referred to or considered by
local prosecution or law enforcement agencies.
If the Justice Department or appropriate local or state agency declines prosecution, EHA
may pursue remedies through civil court.
EHA must obtain HUD approval before initiating litigation in which it is requesting HUD
assistance or participation.
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26. PHA STAFFING AND RESOURCE CONSIDERATIONS
EHA’s activities related to preventing, detecting, and resolving cases of program abuse
by families, owners, and EHA staff occur on an on-going basis. Therefore, adequate
staffing and resources must be dedicated to these activities. EHA can take a number of
approaches to ensure that sufficient staff and dollar resources are dedicated to preventing
errors and controlling fraud and abuse. The EHA may wish to contract with other
agencies for the delivery of on-going information and service functions. If an outside
agency is contracted, the EHA must provide sufficient monitoring since it is ultimately
responsible under the ACC for program compliance. All expenditures from handling
complaints, program errors, and program abuse must be paid out of the EHA’s ongoing
administrative fee.
When determining the level of staff and dollar resources to dedicate to maintaining
program integrity, the EHA has carefully analyze the extent to which errors, omissions,
fraud and abuse are present.
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EVANSVILLE HOUSING AUTHORITY
HOUSING CHOICE VOUCHER PROGRAM
STATEMENT OF FAMILY OBLIGATIONS
I HAVE READ THIS AND UNDERSTAND THAT TO REMAIN ELIGIBLE FOR
MY SECTION 8 (S-8) RENTAL ASSISTANCE, I MUST COMPLY WITH THE
FOLLOWING RULES:
1. I/We must not violate any Family Obligations listed on the Housing Choice Voucher.
2. In compliance with Program Rules, I/We MUST advise S-8 of all income received
by ALL members of the household, (including any income I/We expect to receive
during the next 12 months), INITIALLY upon receiving S-8 assistance, and ONCE
A YEAR during the annual recertification of my/our rental assistance. INCOME
INCREASES/DECREASES MUST also be reported to S-8, within 10 calendar days
of the increase/decrease.
I/We MUST report income of any new family members, within 10 calendar days of
occurrence. This includes participants who move from one job to another, regardless
of the number of hours worked and rate of pay. Annual income means all amounts,
monetary or not, that go to or on behalf of the family head or spouse (even if
temporarily absent) or to any other family member, or all amounts anticipated to be
received from a source outside the family during the 12-month period following
admission or annual reexamination effective date.
Failure to report income changes, as required, may result in payment for back rent
due the EHA. Action will be taken to terminate my/our assistance, if failure to report
(or under report) a change in come is determined to have been fraudulent.
These rules include ALL family members 18 years of age and older, AND any
income received by an adult for a minor child OR a disabled family member.
3. I/We MUST move into the rental unit, within 10 days of the effective date of the
lease/HAP contract, AND continue to live there, in compliance with the lease and S8 program rules.
4. The Landlord/Property Owner MUST NOT be a Parent, Child, Grandparent,
Grandchild, Sister or Brother of any of my family members.
5. I/We MUST make my utility deposits, within 10 days after the unit passes inspection,
and keep ALL utilities on (if not furnished by Landlord). My assistance WILL BE
canceled for failure to keep my utilities on. This MAY include illegally jumping
meters, OR running extension cords from one unit to another. Without all utilities my
unit does not meet HUD’s minimum Housing Quality Standards of Safe, Decent, and
Sanitary.
6. I/We are responsible for maintaining Good Housekeeping in the assisted unit, to
meet HUD’s minimum housing quality standards of safe, decent, and sanitary. Failure
to do so may result in cancellation of my rental assistance.
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7. I/We MUST promptly notify the landlord of any maintenance problems in need of
repair.
8. I/We MUST pay my/our share of the rent on time. I/We MUST not pay the landlord
more rent than the amount stated in my/our lease. I/We MUST report to S-8 if my
landlord requests more rent than that stated in the lease.
9. I/We understand that if our family is evicted for non-payment of rent to the Landlord
or other lease violations, my S-8 eligibility and rental assistance will be canceled.
10. I/We understand that if our family leaves damages to an S-8 assisted unit, I/We will
be required to pay the Owner all money owed for the damages, in order to continue
my/our S-8 assistance. Failure to pay the landlord may result in cancellation of my
eligibility and rental assistance.
11. I/We MUST NOT breach a repayment agreement.
12. I/We MUST provide a Stove and Refrigerator (if not furnished by the Landlord) in
good working order, with no knobs missing and with pilots that light without a match.
A hot plate and/or crock-pot are not sufficient to do all of my cooking.
13. The apartment is for the use of myself and only those family members listed on my
application. DO NOT let other people move in without getting S-8 approval FIRST!
A request to add anyone to my/our lease MUST BE PUT IN WRITING.
14. I/We MUST advise S-8 and my landlord o intentions to move from my assisted unit,
BEFORE I move out.
15. Family members MUST NOT engage in drug-related criminal activity, violent
criminal activity, illegal use of a controlled substance, or abuse alcohol in a way that
interferes with the health, safety, or right to peaceful enjoyment of the premises by
other residents.
16. Participants in the Family Self-Sufficiency program have an obligation to seek and
maintain suitable employment.
I/WE understand that failure to follow the rules listed above may result in eviction by
my/our landlord and/or cancellation of my/our S-8 eligibility and rental assistance.
By my signature below, I hereby certify that I have read and understand my
obligations as a participant in the S-8 program. I have also received a copy of this
Statement.
Signature_______________________________
Date___________________________________
Revised April 2007
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GLOSSARY
1937 Housing Act: The United States Housing Act of 1937 [42 U.S.C. 1437 et seq.)
Absorption: In portability, the point at which a receiving housing authority stops billing
the initial housing authority for assistance on behalf of a portable family. [24 CFR 982.4]
Adjusted Annual Income: The amount of household income, after deductions for
specified allowances, on which tenant rent is based.
Administrative fee: Fee paid by HUD to the HA for the administration of the program
and will include hard-to-house fees paid for moves by families with three or more
minors, and extra counseling money that may be authorized by HUD.
Administrative Plan: The plan that describes HA policies for the administration of the
tenant-based programs. This document is the administrative plan for the HA.
Admission: The point when the family becomes a participant in the program. In a tenantbased program, the date used for this purpose is the effective date of the first HAP
Contract for a family (first day of initial lease term).
Adult: An adult is:
19 years of age or older,
18 years of age and married (not common law), or
A person that has been relieved of the disability of non-age by juvenile court.
Note : Only persons who are adults shall be eligible
to enter into lease agreement for occupancy.
Allowances: Amounts deducted from the household's annual income in determining
adjusted annual income (the income amount used in the rent calculation). Allowances are
given for elderly families, dependents, medical expenses for elderly families, disability
expenses, and child care expenses for children under 13 years of age. Other allowance
can be given at the discretion of the housing authority.
Amortization Payment: In a manufactured home space rental: The monthly debt service
payment by the family to amortize the purchase price of the manufactured home.
Annual Contributions Contract (ACC): The written contract between HUD and a
housing authority under which HUD agrees to provide funding for a program under the
1937 Act, and the housing authority agrees to comply with HUD requirements for the
program.
Annual Income: All amounts, monetary or not, that:
HCVP Administrative Plan
310
a. Go to (or on behalf of) the family head or spouse (even if temporarily absent) or
to any other family member, or
b. Are anticipated to be received from a source outside the family during the 12month period following admission or annual reexamination effective date; and
c. Are not specifically excluded from Annual Income.
d. Annual Income also includes amounts derived (during the 12-month period) from
assets to which any member of the family has access.
Applicant (applicant family): A family that has applied for admission to a program but
is not yet a participant in the program.
Assets:see net family assets.
Asset Income: Income received from assets held by household members. If assets total
more than $5,000, income from the assets is "imputed" and the greater of actual asset
income and imputed asset income is counted in annual income.
Assisted lease (lease): A written agreement between an owner and a family for the
leasing of a dwelling unit to the family. The lease establishes the conditions for
occupancy of the dwelling unit by a family with housing assistance payments under a
HAP contract between the owner and the housing authority.
Budget Authority: An amount authorized and appropriated by congress for payment to
HA’s under the program. For each funding increment in an HA program, budget
authority is the maximum amount that may be paid by HUD to the HA over the ACC
term of the funding increment
Certificate: A document issued by a housing authority to a family selected for admission
to the Certificate Program. The certificate describes the program and the procedures for
housing authority approval of a unit selected by the family. The certificate also states the
obligations of the family under the program.
Certification: The examination of a household's income, expenses, and family
composition to determine the household's eligibility for program participation and to
calculate the household's rent for the following 12 months.
Child: For purposes of citizenship regulations, a member of the family other than the
family head or spouse who is under 18 years of age.
Child care expenses: Amounts anticipated to be paid by the family for the care of
children under 13 years of age during the period for which annual income is computed,
but only where such care is necessary to enable a family member to actively seek
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employment, be gainfully employed, or to further his or her education and only to the
extent such amounts are not reimbursed. The amount deducted shall reflect reasonable
charges for child care. In the case of childcare necessary to permit employment, the
amount deducted shall not exceed the amount of employment income that is included in
annual income. The Evansville Housing Authority will not normally determine child
care expenses as necessary when the household contains an additional unemployed adult
who is physically capable of caring for the child (children). An example of an exception
may be an unemployed adult that is not capable of caring for a child because of some
type of disability and/or handicap. The head of household must document the
disability/handicap that prevents the adult from providing child care.
Citizen: A citizen or national of the United States.
Common space: In shared housing: Space available for use by the assisted family and
other occupants of the unit.
Congregate housing: Housing for elderly or persons with disabilities that meets the HQS
for congregate housing.
Consent form: Any consent form approved by HUD to be signed by assistance
applicants and participants for the purpose of obtaining income information from
employers and SWICAs, return information from the Social Security Administration, and
return information for unearned income from the Internal Revenue Service. The consent
forms may authorize the collection of other information from assistance applicants or
participant to determine eligibility or level of benefits.
Contiguous Metropolitan Statistical Area (MSA): In portability, an MSA that shares a
common boundary with the MSA in which the jurisdiction of the initial housing authority
is located.
Continuously assisted: An applicant is continuously assisted under the 1937 Housing
Act if the family is already receiving assistance under any 1937 Housing Act program
when the family is admitted to the Section 8 Program.
Contract Authority: The maximum annual payment by HUD to an HA for a funding
increment.
Cooperative: Housing owned by a non-profit corporation or association, and where a
member of the corporation or association has the right to reside in a particular apartment,
and to participate in management of the housing.
Covered Person: means a tenant, any member of the tenant’s household, a guest of
another person under the tenant’s control.
Decent, safe, and sanitary: Housing is decent, safe, and sanitary if it satisfies the
applicable housing quality standards.
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Department: The Department of Housing and Urban Development.
Dependent: A member of the family (except foster children and foster adults) other than
the family head or spouse, who is under 18 years of age, or is a person with a disability, or
is a full-time student. An unborn child shall not be considered a dependent.
Disability assistance expenses: Reasonable expenses that are anticipated, during the
period for which annual income is computed, for attendant care and auxiliary apparatus for
a disabled family member and that are necessary to enable a family member (including the
disabled member) to be employed, provided that the expenses are neither paid to a member
of the family nor reimbursed by an outside source.
Disabled family: A family whose head, spouse, or sole member is a person with
disabilities; or two or more persons with disabilities living together; or one or more
persons with disabilities living with one or more live-in aides.
Disabled person: See "person with disabilities."
Displaced family: A family in which each member, or whose sole member, is a person
displaced by governmental action (such as urban renewal), or a person whose dwelling
has been extensively damaged or destroyed as a result of a disaster declared or otherwise
formally recognized pursuant to Federal disaster relief laws.
Displaced person: A person displaced by governmental action (such as urban renewal),
or a person whose dwelling has been extensively damaged or destroyed as a result of a
disaster declared or otherwise formally recognized pursuant to Federal disaster relief laws
.
Domicile: The legal residence of the household head or spouse as determined in
accordance with State and local law.
Drug-Related Criminal Activity: Term means:
G. Illegal use or personal use of a controlled substance, and the illegal
manufacture, sale, distribution, use or possession with intent to
manufacture, sell, distribute or use, of a controlled substance.
H. Drug trafficking: The illegal manufacture, sale, or distribution, or the
possession with intent to manufacture, sell, or distribute, of a
controlled substance(as defined in section 102 of the controlled
substance act (21 U.S. C. 802).
Elderly family: A family whose head, spouse, or sole member is a person who is at least
sixty-two (62) years of age; or disabled, or handicapped and may include two or more
elderly, disabled or handicapped persons who are at least 62 years of age living together;
or one or more persons who are at least 62 years of age living with one or more persons
who are determined to be essential to his or her care and well-being.
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Elderly person: A person who is at least 62 years of age.
EIV: Enterprise Income Verifications
Evidence of citizenship or eligible status: The documents that must be submitted to
evidence citizenship or eligible immigration status.
Exception rent: An amount that exceeds the published fair market rent.
Extremely low-income families: Those families whose incomes do not exceed 30% of
the median income for the area, as determined by the Secretary with adjustments for
smaller and larger families.
Fair Housing Act: Title VIII of the Civil Rights Act of 1968, as amended by the Fair
Housing Amendments Act of 1988 (42 U.S.C. 3601 et seq.).
Fair market rent (FMR): The rent, including the cost of utilities (except telephone), as
established by HUD for units of varying sizes (by number of bedrooms), that must be
paid in the housing market area to rent privately owned, existing, decent, safe and
sanitary rental housing of modest (non-luxury) nature with suitable amenities. FMRs are
published periodically in the Federal Register
Familial Status: A single pregnant woman and individual in the process of obtaining
custody of any individual who has not attained the age of 18 years are processed for
occupancy the same as an single person (reference Federal Register published February
13, 1996, pages 5,662 and 5,663). In Section II “Reinventing Parts 812 and 912 of the
Federal Register states:
The April 10, 1992 proposed revisions to parts 812 and 912, which concern section 5(b)
of the Fair Housing Amendments Act of 1988 (FHAA) and the treatment of single,
pregnant women obtaining custody, are not included in this final rule. The statutory
prohibition against housing discrimination towards such persons is sufficiently clear and
enforceable. Since the percentage limit for occupancy by single persons (which could
have been used to mask instances of discrimination against persons in these protected
classes) has been eliminated, it is no longer necessary to distinguish persons in the
FHAA-protected classes from other single persons.”
Therefore, a single pregnant woman and individual in the process of obtaining custody of
any individual who has not attained the age of 18 years are processed for occupancy the
same as single persons and only entitled subsidy for a zero or one-bedroom family unit
size.
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Family includes but is not limited to:
a.
b.
c.
d.
e.
f.
g.
A family with or without children (the temporary absence of a child from the
home due to placement in foster care shall not be considered in determining
family composition and family size);
An elderly family;
A near-elderly family;
A disabled family;
A displaced family;
The remaining member of a tenant family; and
A single person who is not an elderly or displaced person, or a person with
disabilities, or the remaining member of a tenant family.
Note
Housing assistance limitation for single persons. A single person who is not an
elderly or displaced person, or a person with disabilities, or the remaining member
of a tenant family may not be provided (for tenant-based assistance) housing
assistance for which the family unit size exceeds the one bedroom level (Ref.
982.207 Housing assistance limitation for single persons, published in the federal
register on 02/13/96).
The rule does not prohibit a single person from residing in a larger unit (2 or
more bedrooms) with the amount of the subsidy for a zero or one-bedroom
family unit size. The limit is on the amount of subsidy paid NOT the SIZE of
the UNIT!
Family members: include all household members except live-in aides, foster children
and foster adults. All family members permanently reside in the unit, though they may be
temporarily absent. All family members are listed on the HUD-50058.
Family Self-Sufficiency (FSS) Program): The program established by a housing
authority to promote self-sufficiency of assisted families, including the coordination of
supportive services (42 U.S.C. 1437u).
Family share: The portion of rent and utilities paid by the family.
Family unit size: The appropriate number of bedrooms for a family as determined by the
housing authority under the housing authority's subsidy standards.
50058 Form: The HUD form that Housing Authorities are required to complete for each
assisted household in public housing to record information used in the certification and
re-certification process, and, at the option of the housing authority, for interim
reexaminations.
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Foster Children: With the prior written consent of the HA, a foster child may be added
as a Section 8 participant. The factors considered by the HA in determining whether or
not consent is granted may include:
A. Whether the addition of a new occupant may require the issuance of a new
voucher, and whether such documents are available.
B. The Section 8 landlord’s obligation to allow reasonable accommodation for
handicapped person.
FMR/exception rent limit: The Section 8 existing housing fair market rent published by
HUD headquarters, or any exception rent. For a tenancy in the Voucher Program, the
housing authority may adopt a payment standard up to the FMR/exception rent limit.
Full-time student: A person who is carrying a subject load that is considered full-time
for day students under the standards and practices of the educational institution attended.
An educational institution includes a vocational school with a diploma or Certificate
Program, as well as an institution offering a college degree. Verification will be supplied
by the attended educational institution.
Funding Increment: Each commitment of budget authority by HUD to an HA under the
consolidated ACC for the HA program.
Gross rent: The sum of the rent to the owner plus any utilities.
Group Home: A dwelling unit that is licensed by a State as a group home for the
exclusive residential use of two to twelve persons who are elderly or persons with
disabilities (including any live-in aide).
Guest: For purposes of this program, the term “guest” means a person temporarily
staying in the assisted unit with the consent of a tenant or other member of the household
who has expressed or implied authority to so consent on behalf of the tenant.
Handicapped Assistance Expense: Reasonable expenses that are anticipated, during the
period for which Total Annual Family Income is computed, for attendant care and
auxiliary apparatus for a Handicapped or Disabled family member and that are necessary
to enable a family member (including the handicapped or Disabled member) to be
employed, provided that the expenses are neither paid to a member of the family nor
reimbursed by an outside source.
Hazardous Duty Pay: Pay to a family member in the Armed Forces away from home
and exposed to hostile fire.
Head of household: The adult member of the family who is the head of the household
for purposes of determining income eligibility and rent.
Household: The family and any HA approved live-in aide.
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Household members: include all individuals who reside or will reside in the unit and
who are listed on the lease, including live-in aides, foster children and foster adults.
Housing Agency (HA): Housing Agency (formerly Public Housing Agency (PHA),
PHA and HA are the same thing) A State, county, municipality or other government
entity or public body (or agency or instrumentality thereof) authorized to engage in or
assist in the development or operation of low-income housing.
Housing Assistance Payment (HAP): The monthly assistance by a HA. The total
assistance payment consists of:
A. A payment to the owner for rent to the owner under the family's lease.
B. An additional payment to the family if the total assistance payment exceeds the
rent to owner. The additional payment is called a “utility reimbursement.” The
HA may elect to pay the appropriate amount directly to the utility provider.
Housing Assistance Payment (HAP) Contract: A written contract between an HA and
an owner, in the form prescribed by HUD, in which the HA agrees to make housing
assistance payments to the owner on behalf of an eligible family.
Housing Quality Standards (HQS): The HUD minimum quality standards for housing
assisted under the tenant-based programs.
Housing voucher: A document issued by a housing authority to a family selected for
admission to the Voucher Program. This document describes the program and the
procedures for housing authority approval of a unit selected by the family. The voucher
also states the obligations of the family under the program.
Housing voucher holder: A family holding a voucher with an unexpired term.
HUD – Housing & Urban Development: The U.S. Department of Housing and Urban
Development.
HUD Requirements: HUD requirements for the Section 8 program. HUD requirements
are issued by HUD headquarters, as regulations, Federal Register notices or other binding
program directives.
Imputed income: For households with net family assets of more than $5,000, the amount
calculated by multiplying net family assets by a HUD-specified percentage. If imputed
income is more than actual income from assets, the imputed amount is used in
determining annual income.
Infant: A child under the age of two (2) years.
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Income category: Designates a family's income range. There are three categories: low
income, very low income and extremely low-income.
Incremental income: The increased portion of income between the total amount of
welfare and earnings of a family member prior to enrollment in a training program and
welfare and earnings of the family member after enrollment in the training program. All
other amounts, increases and decreases, are treated in the usual manner in determining
annual income.
Initial Contract Rent: The contract rent at the beginning of the initial lease term.
Initial HA: In portability, the term refers to both:
A. An HA that originally selected a family that subsequently decides to move out of
the jurisdiction of the selecting HA
B. An HA that absorbed a family that subsequently decides to move out of the
jurisdiction of the absorbing HA.
Initial Lease Term: The initial term of the assisted lease.
Initial Payment Standard: The payment standard at the beginning of the HAP contract
term.
Initial rent to owner: The rent to owner at the beginning of the initial lease term.
Interim Re-determination of Rent: Changes of rent between admissions and
reexaminations and the next succeeding reexamination.
INS: The U.S. Immigration and Naturalization Service.
Jurisdiction: The area in which the housing authority has authority under State and local
law to administer the program.
Lease: A written agreement between an owner and tenant for the leasing of a dwelling
unit to the tenant. The lease establishes the conditions for occupancy of the dwelling unit
by a family with housing assistance payments under a HAP Contract between the owner
and the housing authority.
Lease Addendum: In the lease between the tenant and the owner, the lease language
required by HUD.
Live-in aide: A person who resides with one or more elderly persons, or near-elderly
persons, or persons with disabilities, and who:
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a. Is determined by the HA to be essential to the care and well- being of the
person(s);
b. Is not obligated for the support of the person(s);
c. Would not be living in the unit except to provide the necessary supportive
services.
d. A live-in aide must be approved, in advance, by the HA.
Low-income families: Those families whose incomes do not exceed 80% of the median
income for the area, as determined by the Secretary with adjustments for smaller and
larger families. [1937Act)
Manufactured home: A manufactured structure that is built on a permanent chassis, is
designed for use as a principal place of residence, and meets the HQS.
Manufacture home space: In manufactured home space rental: A space leased by an
owner to a family. A manufactured home owned and occupied by the family is located on
the space.
Medical expenses: Medical expenses, including medical insurance premiums that are
anticipated during the period for which annual income is computed, and that are not
covered by insurance.
Mixed family: A family whose members include those with citizenship or eligible
immigration status, and those without citizenship or eligible immigration status.
Moderate rehabilitation: Rehabilitation involving a minimum expenditure of $1000 for
a unit, including its prorated share of work to be accomplished on common areas or
systems, to:
a. upgrade to decent, safe and sanitary condition to comply with the Housing Quality
Standards or other standards approved by HUD, from a condition below these
standards (improvements being of a modest nature and other than routine
maintenance; or
b. repair or replace major building systems or components in danger of failure.
Monthly adjusted income: One twelfth of adjusted income.
Monthly income: One twelfth of annual income.
Mutual housing is included in the definition of "cooperative".
National: A person who owes permanent allegiance to the United States, for example, as
a result of birth in a United States territory or possession.
Near-elderly family: A family whose head, spouse, or sole member is a person who is at
least 50 years of age but below the age of 62; or two or more persons, who are at least 50
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years of age but below the age of 62, living together; or one or more persons who are at
least 50 years of age but below the age of 62 living with one or more live-in aides.
Net family assets:
a. Net cash value after deducting reasonable costs that would be incurred in
disposing of real property, savings, stocks, bonds, and other forms of capital
investment, excluding interests in Indian trust land and excluding equity accounts
in HUD homeownership programs. The value of necessary items of personal
property such as furniture and automobiles shall be excluded.
b. In cases where a trust fund has been established and the trust is not revocable by,
or under the control of, any member of the family or household, the value of the
trust fund will not be considered an asset so long as the fund continues to be held
in trust. Any income distributed from the trust fund shall be counted when
determining annual income.
c. In determining net family assets, housing authorities or owners, as applicable,
shall include the value of any business or family assets disposed of by an
applicant or tenant for less than fair market value (including a disposition in trust,
but not in a foreclosure or bankruptcy sale) during the two years preceding the
date of application for the program or reexamination, as applicable, in excess of
the consideration received therefore. In the case of a disposition as part of a
separation or divorce settlement, the disposition will not be considered to be for
less than fair market value if the applicant or tenant receives important
consideration not measurable in dollar terms.
Non-citizen: A person who is neither a citizen nor national of the United States.
Notice of Funding Availability (NOFA): For budget authority that HUD distributes by
competitive process, the Federal Register document that invites applications for funding.
This document explains how to apply for assistance, and the criteria for awarding the
funding.
Occupancy standards: The standards that the housing authority establishes for
determining the appropriate number of bedrooms needed to house families of different
sizes or composition.
Other Person under the Tenant’s Control: The person, although not staying as a guest
in the unit who is, or was at the time of the activity in question on the premises because
of an invitation from the tenant or other member of the household who has express or
implied authority to so consent on behalf of the tenant. Absent evidence to the contrary,
a person temporarily and infrequently on the premises solely for legitimate commercial is
not under the tenant’s control.
Owner: Any person or entity, including a cooperative, having the legal right to lease or
sublease existing housing.
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Participant (participant family]: A family that has been admitted to the housing
authority's program and is currently assisted in the program. The family becomes a
participant on the effective date of the first HAP contract executed by the housing
authority for the family (first day of initial lease).
Payment standard: In a voucher tenancy, the maximum monthly assistance payment for
a family (before deducting the total tenant payment by family contribution). For a
voucher tenancy, the housing authority sets a payment standard in the range from 90% to
110% of the current FMR.
Person with disabilities: A person who:
a. Has a disability as defined in Section 223 of the Social Security Act,
"Inability to engage in any substantial, gainful activity by reason of any
medically determinable physical or mental impairment that can be expected to
result in death or that has lasted or can be expected to last for a continuous
period of not less than 12 months, or
In the case of an individual who attained the age of 55 and is blind and unable
by reason of such blindness to engage in substantial, gainful activity requiring
skills or ability comparable to those of any gainful activity in which he has
previously engaged with some regularity and over a substantial period of
time."
b. Is determined, pursuant to regulations issued by the Secretary, to have a physical,
mental, or emotional impairment that:
(1) Is expected to be of long-continued and indefinite duration,
(2) Substantially impedes his or her ability to live independently, and
(3) Is of such a nature that such ability could be improved by more suitable
housing conditions, or
c. Has a developmental disability as defined in Section 102(7) of the of the
Developmental Disabilities Assistance and Bill of Rights Act.
"Severe chronic disability that:
(1) is attributable to a mental or physical impairment or combination of mental
and physical impairments;
(2) is manifested before the person attains age 22;
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(3) is likely to continue indefinitely;
(4) results in substantial functional limitation in three or more of the following
areas of major life activity: (1) self-care, (2) receptive and responsive
language, (3) learning, (4) mobility, (e) self-direction, (6) capacity for
independent living, and (7) economic self-sufficiency; and
(5) reflects the person's need for a combination and sequence of special,
interdisciplinary, or generic care, treatment, or other services that are of
lifelong or extended duration and are individually planned and coordinated."
This definition does not exclude persons who have the disease of acquired
immunodeficiency syndrome or any conditions arising from the etiologic agent
for acquired immunodeficiency syndrome.
No individual shall be considered to be a person with disabilities for purposes of
eligibility solely based on any drug or alcohol dependence.
Portability: Renting a dwelling unit with Section 8 tenant-based assistance outside the
jurisdiction of the initial housing authority.
Preference: At the option of the HA, a preference system can be used to select among
applicant families.
Premises: The building or complex in which the dwelling unit is located, including
common areas and grounds.
Private space: In shared housing: The portion of a contract unit that is for the exclusive
use of an assisted family.
Preservation: This program encourages owners of eligible multifamily housing projects
to preserve low-income housing affordability and availability while reducing the longterm cost of providing rental assistance. The program offers several approaches to
restructuring the debt of properties developed with project-based Section 8 assistance
whose HAP contracts are about to expire.
Project Based: Rental assistance that is attached to the structure.
Project Based Voucher Program: Reserved for future rule making.
Proration of assistance: The reduction in a family's housing assistance payment to
reflect the proportion of family members in a mixed family who are eligible for
assistance.
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Public Housing Agency: A State, county, municipality or other governmental entity or
public body (or agency or instrumentality thereof) authorized to engage in or assist in the
development or operation of low-income housing.
Reasonable rent: A rent to owner that is not more than charged: (a) for comparable units
in the private unassisted market; and (b) for a comparable unassisted unit in the premises.
Receiving Housing Authority: In portability, a housing authority that receives a family
selected for participation in the tenant-based program of another housing authority. The
receiving housing authority issues a certificate or voucher, and provides program
assistance to the family.
Re-certification: A reexamination of a household's income, expenses, and family
composition to determine the household's rent for the following 12 months.
Re-examination Date: The date on which any rent change is effective or would be
effective if required as a result of the annual re-examination of eligibility and rent.
Remaining member of a tenant family: The person(s) of legal age remaining in the
subsidized unit after the person(s) who signed the voucher has (have) left the premises,
other than by eviction, who may or may not normally qualify for assistance on their own
circumstances. An individual must have received housing subsidy under the program to
which he/she claims head of household status for one year before becoming eligible for
Section 8 subsidy as a remaining family member. This person must complete forms
necessary for Section 8 assistance within ten calendar days from the departure of the
leaseholder and may remain in the unit for a reasonable time (not more than 60 calendar
days from the date individual request head of household status) pending the verification
and hearing process. This person must, upon satisfactory completion of the verification
process, then execute all required Section 8 subsidy documents and cure any monetary
obligations in order to maintain assistance. Any person who claims him or herself as a
remaining member shall, in the event that the HA declares him or her ineligible for
remaining member status, be entitled to an informal hearing. The informal hearing
process is described in this Administrative Plan.
Residency Preference: An HA preference for admission of families that reside
anywhere in a specified area, including families with a member who works or has been
hired to work in the area.
Residency Preference Area: The specified area where families must reside to qualify
for a residency preference.
Rent to owner: The monthly rent payable to the owner under the lease. Rent to owner
covers payment for any housing services, maintenance, and utilities that the owner is
required to provide and pay for.
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Set-up charges: In a manufactured home space rental, charges payable by the family for
assembly, skirting and anchoring the manufactured home.
Shared housing: A unit occupied by two or more families. The unit consists of both
common space for shared use by the occupants of the unit and separate private space for
each assisted family.
Shelter Allowance: That portion of a welfare benefit (e.g., TANF) that the welfare
agency designates to be used for rent and utilities.
Single person: Someone living alone or intending to live alone who does not qualify as
an elderly person, a person with disabilities, a displaced person, or the remaining member
of a tenant family.
Single room occupancy housing (SRO): A unit for occupancy by a single eligible
individual capable of independent living that contains no sanitary facilities or food
preparation facilities, or contains either, but not both, types of facilities.
Special admission: Admission of an applicant that is not on the housing authority
waiting list or without considering the applicant's waiting list position.
Special housing types: Special housing types include: SRO housing, congregate
housing, group homes, shared housing, cooperatives (including mutual housing), and
manufactured homes (including manufactured home space rental).
Spouse: A spouse is the legal husband or wife of the head of the household. This
includes common law marriage.
State Wage Information Collection Agency (SWICA): The State agency receiving
quarterly wage reports from employers in the State, or an alternative system that has been
determined by the Secretary of Labor to be as effective and timely in providing
employment-related income and eligibility information.
Statement of family responsibility: An agreement in the form prescribed by HUD,
between the housing authority and a Family to be assisted under the Moderate
Rehabilitation Program, stating the obligations and responsibilities of the family.
Subsidy standards: Standards established by a housing authority to determine the
appropriate number of bedrooms and amount of subsidy for families of different sizes
and compositions.
Suspension: Stopping the clock on the term of a family's certificate or voucher, for such
period as determined by the housing authority, from the time when the family submits a
request for housing authority approval to lease a unit, until the time when the housing
authority approves or denies the request. Also referred to as tolling.
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Temporarily Absent Family Members: Any person(s) on the lease that is not living in
the household for a period of more than thirty (30) days is considered temporarily absent.
Tenant: The person or persons (other than a live-in aide) who executes the lease as
lessee of the dwelling unit.
Tenant-Based: Rental assistance that is not attached to the structure.
Tenant Rent: The actual amount due, calculated on a monthly basis, under a lease or
occupancy agreement between a family and the family's current landlord. The tenant
payment is the amount the tenant pays toward rent and allowance for utilities. To arrive
at tenant rent, the utility allowance is subtracted from total tenant payment or minimum
rent. If the utility allowance is greater than the total tenant payment or minimum rent, the
tenant rent is zero and there is a utility reimbursement payment (URP). The URP is the
difference between the total tenant payment or minimum rent and the utility allowance.
Third-party (verification): Oral or written confirmation of a household's income,
expenses, or household composition provided by a source outside the household, such as
an employer, doctor, school official, etc.
Tolling: see suspension.
Total tenant payment (TTP):
(1) Total tenant payment is the amount calculated under Section 3(a) (1) of the
1937 Act which is the higher of:
30% of the family's monthly adjusted income;
10% of the family's monthly income;
Minimum rent; or
if the family is receiving payments for welfare assistance from a public
agency and a part of such payments, adjusted in accordance with the family's
actual housing costs, is specifically designated by such agency to meet the
family's housing costs, the portion of such payments which is so designated.
If the family's welfare assistance is ratably reduced from the standard of need
by applying a percentage, the amount calculated under Section 3(a) (1) shall
be the amount resulting from one application of the percentage.
Utilities: Utilities may include water, electricity (including air conditioning if applicable.
See FR 982.517), gas, garbage, and sewage services and, where applicable, trash and
garbage collection.
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Utility allowance: If the cost of utilities (except telephone) and other housing services
for an assisted unit is not included in the tenant rent but is the responsibility of the family
occupying the unit, an amount equal to the estimate made or approved by a housing
authority or HUD of the monthly cost of a reasonable consumption of such utilities and
other services for the unit by an energy-conservative household of modest circumstances
consistent with the requirements of a safe, sanitary, and healthful living environment.
Utility hook-up charge: In a manufactured home space rental, costs payable by a family
for connecting the manufactured home to utilities such as water, gas, electrical and sewer
lines.
Utility Reimbursement Payment (URP): The amount, if any, by which the utility
allowance for the unit, if applicable, exceeds the total, tenant payment for the family
occupying the unit.
Verification:
a. The process of obtaining statements from individuals who can attest to the
accuracy of the amounts of income, expenses, or household member status (e.g.,
employers, public assistance agency staff, doctors).
b.
The three types of verification are:
(1) Third-party verification, either written or oral, obtained from employers,
public assistance agencies, schools, etc.)
(2) Documentation, such as a copy of a birth certificate or bank statement
(3) Family certification or declaration (only used when third-party or
documentation verification is not available)
Very low-income families: A lower Income Family means a family whose annual
income does not exceed fifty (50%) percent of the median income for the area, as
determined by HUD, with adjustments for smaller and larger families. HUD may
establish income limits higher or lower than 50 percent of the median income for the area
on the basis of its finding that such variations are necessary because of unusually high or
low family incomes.
Violent criminal activity: Any illegal criminal activity that has as one of its elements the
use, attempted use, or threatened use of physical force against the person or property of
another.
Voucher (rental voucher): A document issued by a housing authority to a family
selected for admission to the Housing Choice Voucher Program. This document describes
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the program and the procedure for housing authority approval of a unit selected by the
family and states the obligations of the family under the program.
Voucher holder: A family holding a voucher with unexpired term.
Waiting list admission: An admission from the housing authority waiting list. [24 CFR
982.4]
Wage Earner: A person in a gainful activity who receives any wages. Said wages or
pay covers all types of employee compensation including salaries, vacation allowances,
tips, bonuses, commissions and unemployment compensation. The terms "Wage Earner"
and “Worker" is used interchangeably.
Welfare assistance. Welfare or other payments to families or individuals, based on need,
that are made under programs funded by Federal, State or local governments. [24 CFR
5.603(d)]
Welfare rent: In "as-paid" welfare programs, the amount of the welfare benefit
designated for shelter and utilities.
Welfare-To-Work Families: Families assisted by a PHA with voucher funding awarded
to the PHA under the HUD welfare-to-work voucher program.
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ACRONYMS
ACC
Annual Contributions Contract
CACC
Consolidated Annual Contributions Contract
CFR
Code of Federal Regulations
FMR
Fair Market Rent
FSS
Family Self Sufficiency (program)
HA
Housing Authority
HAP
Housing Assistance Payment
HCDA Housing and Community Development Act
HCV
Housing Choice Voucher
HQS
Housing Quality Standards
HUD
Department of Housing and Urban Development
INS
(U.S.) Immigration and Naturalization Service
NAHA (Cranston-Gonzalez) National Affordable Housing Act
NOFA
Notice of Funding Availability
OMB
(U.S.) Office of Management and Budget
RESPA
PBC
Real Estate Settlement Procedures Act
Project-Based Certificate (program)
QHWRA Quality Housing and Work Responsibility Act of 1998
PHA
Public Housing Agency
TTP
Total Tenant Payment
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GLOSSARY OF TERMS USED IN THE NONCITIZENS RULE
CHILD. A member of the family other than the family head or spouse who is under 18
years of age.
CITIZEN. A citizen or national of the United States.
EVIDENCE OF CITIZENSHIP OR ELIGIBLE STATUS. The documents which
must be submitted to evidence citizenship or eligible immigration status.
HEAD OF HOUSEHOLD. The adult member of the family who is the head of the
household for purpose of determining income eligibility and rent.
HUD. Department of Housing and Urban Development.
INS. The U.S. Immigration and Naturalization Service.
MIXED FAMILY. A family whose members include those with citizenship or eligible
immigration status and those without citizenship or eligible immigration status.
NATIONAL. A person who owes permanent allegiance to the United States, for
example, as a result of birth in a United States territory or possession.
NONCITIZEN. A person who is neither a citizen nor national of the United States.
PHA. A housing authority who operates Public Housing.
RESPONSIBLE ENTITY. The person or entity responsible for administering the
restrictions on providing assistance to noncitizens with ineligible immigration status (the
PHA).
SECTION 214. Section 214 restricts HUD from making financial assistance available
for noncitizens unless they meet one of the categories of eligible immigration status
specified in Section 214 of the Housing and Community Development Act of 1980, as
amended (42 U.S.C. 1436a).
SPOUSE. Spouse refers to the marriage partner, either a husband or wife, who is
someone you need to divorce in order to dissolve the relationship. It includes the partner
in a common-law marriage. It does not cover boyfriends, girlfriends, significant others, or
"co-heads." "Co-head" is a term recognized by some HUD programs, but not by public
and Indian housing programs.
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